F1 Visa married to US Citizen

[A.Sphere]

Hi,

My wife entered the US on an F1 visa. We got married nearly 3 years ago but we haven't filed all of the paperwork yet. She graduates in December. Will she have to go home if we haven't finished filing the paperwork? Also, which forms should we file? From what I understand we need to file I-131 and the I-485.

One last thing...what should she check under Application type on the I-485 form - her situation doesn't seem to be on there.

[candg918]

The USCIS website has a document that explains filing for family based GC very nicely. I suggest you research that website first.

[A.Sphere]

I see the website but it doesn't address the central question which was: If she graduates in December and we haven't filed the I-485 yet - will she have to return home and apply for a fiancee visa even though we have been married for nearly 3 years?

[candg918]

She need not leave. Any violation of visa status is forgiven on the basis of her marriage to USC. If she returns home it would be the spouse - not fiance - visa that would be needed; look at the distinction of K-1 and K-3.

Once the paperwork is filed for AOS, she is "pending". Search that term as it may answer some of the questions that you have.

Why are you delaying filing the paperwork? Perhaps the best advice you could get from this forum is how best to get that moving. You should not need an attorney as long as there is nothing unusual in her backgroud (such as a criminal charge). Given that it is most likely a simple filing on the basis of marriage, it should be easy to complete.

Note that many communities have social service agencies that will assist people in your situation on a basis of fees according to income.

One option she might look at is using her OPT opportunity to be able to work; she should go and talk to her DSO in her school's international student office for assistance with this. This maintains her F-1 status. That allows her to work without waiting for the processing of her work authorization via the GC filing.