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Need to learn process for INS (US Citizen married to foreign national with F1 student visa)

Sacramento, CA |

My wife and I just married. I am a U.S. Citizen (by birth) and she was admitted legally (F1 student Visa) into the U.S., but is currently in an illegal status, as she no longer is a student. We have our marriage certificate, so what forms do we need to fill out for the INS, considering that while she was admitted legally, she is currently in an illegal status.


Attorney Answers 5


I suggest you meet with an attorney (many of us use Skype) to get a good education on the forms/documents/process.

Many times that consultation will be enough for you to get on the right track ... completing the process without an attorney.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Speak with an experienced attorney or if do not want to retain an attorney, information is available at

This is not legal advice and a client attorney relationship is not created.

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You would need to go back in time to before November 25, 2002 for that. INS does not exist since that long.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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i130, i485, g325a x2, i864

Please do yourselves a favor and hire an attorney to assist you. You might be trying to save some money, but if your application is denied your application fees will not be refunded. Furthermore, there are some pitfalls that might land her in removal proceedings if you file...which costs even more money.

Law Office of Daniel M. Wigon This should not be taken as legal advice. Consult with a local attorney before making a decision that could adversely affect your rights.

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Start by looking up USCIS website for forms and supporting documents.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

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