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Posted Feb 4th, 2012
When should my fiance switch his student visa to a spousal visa?

Additional Details:
My fiance is from Japan and he is living in the US on a student visa because he studies in
university. We will be getting married this April. Should we work on the paperwork for spousal visa
now or do we have to wait until we are officially married? I know we won''t be able to send anything
in until we are married but I wasn''t sure if we can get some things out of the way at this point.
Any information would be helpful because we have no idea what we have to do!
Legal Topic Area: Immigration in PA

Congratulations on your upcoming marriage in April.

Although you cannot file for his green card paperwork based on marriage to a U.S. citizen prior to your marriage, you can certainly plan and prepare everything now. There is no reason not to review and analyze all of the issues of the case now and start to prepare things in advance of your wedding in April.

In general, everyone's case is specific so it is probably a good idea to at least consult with an immigration attorney about your specific case and issues.

You can find excellent info on the green card process based on marriage at:

http://www.familytousa.com/green-card-through-marriage-ad/

Every case is different though, and each case has its own issues such as affidavit of support and other eligibility concerns. Also, pursuing a green card while in F-1 status also entails very specific issues and concerns about travel and not abandoning the green card paperwork while it is in progress.

I recommend consulting with an immigration attorney to understand all of these issues and to develop a proper case plan for your and your fiancee.

Regards,

Andrew M. Wilson, Esq.

Serotte Reich Wilson, LLP

www.srwlawyers.com

awilson@srwlawyers.com


Answered on Feb 6th, 2012 at 11:01am