Immigration Issues/Change statue


To whom may concern


This My situation
I have been studying in Maryland for 3 years and half on F-1 Visa while I was studying, I met my girlfriend and We have been together almost 3 years. Also,we decided to get married in next year. So, recently Me and my girlfriend went to my country to visit and get permission my parents. As a result, When I came to U.S, I got new I-94. My girlfriend is U.S citizen, who was born here and is currently working in U.S company as a financialist.

first question)
What kind of document do we need to have or prepare specifically?
second question)
Do I have to wait at least 2 months to submit our all documents due to my new I-94 form because I heard that If my I-94 form is within 2 months, then It could be the reason to not allow our marriage.
I really appreciate it



Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Ken,

Filing within 2 months of entering on a visitor's visa or a visa waiver can implicate that you were not truly using your visitor's visa as a true visitor.  These issues are often interpreted quite arbitrarily by the adjudications officers at USCIS and the Embassy, so you are wise to be wary of that.  It can be a grounds for denial and visa fraud.  

Lastly, you will need to prepare a package of forms and applications to USCIS.  They can be found at  You are looking for the I-130 and the I-485 along with supplemental materials.

Good luck,
Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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