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US citizen marrying a foreign national

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timothybard

Guest
What is the name of your state? Indiana

I am a US citizen (by birth) and my girlfriend is in the US on a student VISA. We would like to get married right after she graduates from college. Can you tell me the step-by-step process that we have to take for her to stay in the US after we marry? Also, will there be any restrictions for her to travel back to her country after we marry? Any help would be greatly appreciated!
 


ImmigAttyLana

Senior Member
Once you get married, you and she will file the appropriate paperwork, either by yourselves or through an immigration attorney, with the USCIS office in Indianapolis, IN for your wife to get permanent residence. The packet of forms can be obtained from the USCIS website or from the local USCIS office and will contain instructions on how to complete (if you choose to do this yourself). After you submit all the forms, you will wait for the interview to be scheduled, which usually happens about 9-15 months after the date of filing. During this time, there are some restrictions on international travel, but as long as she applies for and receives the advance parole travel document, then she can travel using that document while the permanent resident petition is pending. Please let me know if you have any additional questions.
 
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timothybard

Guest
Two more Questions

First, I would like to thank you very much for your prompt reply. Secondly, I do have two additional questions:
1) Are there any forms that we have to fill out before the marriage? As I said, my girlfriend is in the US on a student VISA. Because of this, here VISA will expire shortly after she graduates from college. Are there any forms we have to fill out so that she can stay in the US after that VISA expires and before the forms we fill out after marriage take effect?
2) Are you able to provide me with the form numbers of the forms we have to fill out or if the packet of forms I am looking for is referred to a specfic name, what the name of the packet I am looking for is?
Again, thank you for all the help you've provided.
 

ImmigAttyLana

Senior Member
Before marriage, no you do not need to fill out anything and it is unlikely that her student visa will be renewed if she has graduated unless she pursues graduate work with the same or different college. However, she will be eligible, most likely, f or optional practical training upon graduation, which will allow her to remain in the US for one year post graduation and have employment authorization.

The forms you'd need after the marriage are I-130, I-485, G-325, I-693, I-864, I-765 and I-131. You can choose to do these yourself and come up with all the supporting documentation or consult with an immigration attorney who will be able to assist you with the process from start to finish.

Please let me know if you have any additional questions.
 
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timothybard

Guest
One last question

Once again, thank you very much for all the help you've provided. However, I do have one last question: After graduating, my girlfriend does not plan to go to graduate school and does not plan to work. Since she will not have her student VISA and she won't have a VISA from working, what will she need to stay in the US after she graduates and while the permanent resident petition is pending?
Once again, thank you so much for all the help you've provided. It is greatly appreciated.
 

ImmigAttyLana

Senior Member
Once you get married and file for her permanent residence, she will be considered to be a pending adjustment of status applicant and will not need to have any independent nonimmigrant status in order to remain in the US legally. It all depends on how you schedule your wedding to coincide with her visa expiration so that she does not have any periods of overstay. Even if she overstays her visa and you get married and file the paperwork, she will be able to remain in the US but the overstay may affect her ability to travel internationally while the permanent residence petition is pending, so if you want to not have issues with ability to travel, then you will need to get everything filed before the visa expires so as not to have any overstay.
 
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timothybard

Guest
Thank you!

I just wanted to thank you once more for answering my questions. You replied to all my my questions very quickly and your answers were very helpful. I really appreciate all the help you've given me and I am very thankful for that.
 

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