What steps do I need to take to marry someone on a f1 visa?

Asked about 2 years ago - New York, NY

I am a US citizen, my girlfriend of 3 years is here on a f1 visa she is now on a OPT. It was in our future to get married after buying a home. We recently found out her OPT expires soon. And I would like to know how I go about making her legal. I live in PA and she lives in NY.

Attorney answers (4)

  1. Nicklaus James Misiti

    Contributor Level 19

    2

    Lawyers agree

    Answered . Marry her and hire an attorney to file the paperwork. My firm handles these types of cases.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus MIsiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Marry her and then concurrently file Forms I-130 and I-485 (and G-325 and I-131), as well as the Form I-864 Affidavit of Support, Go to www.uscis.gov and carefully read the instructions for each Form for what evidence must be included with each. I strongly recommend that you do not do it on your own, for the smallest mistake or discrepancy could delay you by months to say the least, or lead to the ultimate denial of your wife's case, with the resulting loss of al the fees you'd be paying USCIS.
    Seek the services of an immigration lawyer in your area to explain the process to your and handle the case on your behalf. That way your future wife will obtain her green card within 5 months or less.
    Best wishes,
    Giacomo

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Robert Henry Beer

    Contributor Level 14

    2

    Lawyers agree

    Answered . You seem to have 2 choices as follows: (1) Marry her and have her become an immediate relative of an United States Citizen or (2) Have her change status from F1 to H1B or another dual intent visa (she would still have to get a "green card"). It would be prudent to seek either my legal advice or that of one of my colleagues to get, at a minimum, a "game plan". Retaining an attorney is a GREAT investment in your TIME and MONEY. I can be reached at either (770)955-1785 or via e-mail at bob@bobbeer.com. Hope this helps. Wishing you well. THINK IMMIGRATION - THINK IMMIGRATION.

    This communication does not create an attorney client relationship. If I can be of further assistance, please feel... more
  4. Raphael Samuel Moore

    Contributor Level 16

    2

    Lawyers agree

    Answered . You can file for her as your spouse, after you get married, but timing is everything here. Some folks will do it on their own, but mistakes can be costly, so our general advice is to have a professional handle it. Whether us or another experienced immigration attorney, it is a good investment. Congratulations, and good luck.

    If you need representation, call us at (530) 758-8317 or email thelaw@mytrustedlawyer.com Our replies to Avvo... more

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