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Immigration Issues/Application process & forms required from F-1 to married

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Question
I am a US citizen and I got married to my wife from Taiwan over a month ago here in the US. She's on F-1 visa and just finished her summer English program. We do not intend to study this coming fall semester. I would like to know the procedure and forms that I need to apply for her changing from F-1 to married visa, and if she can still remain in the US while changing the status and can keep her F-1 visa without attending the next semester. Please advise asap. Thanks so much.

Answer
Thomas,
Congratulations on your marraige.  In order for your wife to gain permanent residency you must file an immigration petition (form I-130) and your spouse should file an application to adjust status to permanent resident (form I-485).  You could file these petitions at the same time.   time.

You will need the following documents for the I-130:

  1. Your U.S. citizen's Birth Certificate or Certificate of Citizenship;
  2. Marriage certificate;
  3. Any Divorce decrees showing the termination of all prior marriages if applicable; and
  4. Two recent color photos of you and your spouse.  Passport size.

The (I-485) documents:

  1. Two recent color photos of you and your spouse.  Passport size;
  2. Medical exam report I-693 and supplement of the alien spouse (sealed);
  3. Evidence of financial condition of spouse if she has a job:
     ---Job letter on business letterhead;
     ---W-2 forms for past three years;or
  4. Evidence of financial support for spouse:
     ---The sponsor's employment verification letter on business letterhead;
     ---The sponsor's W-2 forms for past three years;
  5. Copy of the alien spouse's passport, visas, and I-94;
  6. Documents showing alien spouse's legal status after coming to the U.S. and
  7. Marriage certificate.

Good Luck
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

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Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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