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My fiancé is on an m1 visa but I’m the visa it has an R on…

My fiancé is on...

My fiancé is on an m1 visa but I’m the visa it has an R on it. So we are not sure if after we marry ,will be able to change his status? Do you know what the R means? He is flight school , he hasn’t finished his training yet. We will marry this week.

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Not yet. But we wondering first if his status can be changed so he can get a permanent residence since I am a citizen. He is Chinese

Lawyer's Assistant: Have you talked to a lawyer about the visa?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing much, his visa still valid until end of June I think

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Answered in 1 minute by:
3/28/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,304
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

R means Regular. That is not one of the visas that would prevent your fiance from getting U.S. Lawful Permanent Resident through marriage to you. As long as he has been in the U.S. longer than 90 days, after you marry, you will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-130A, I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.

The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least.

In about 3 to 5 months after filing, the work permit and Advance Parole (travel permit) should be issued. About 5 to 7 months after filing the interview should be scheduled (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later the U.S. Lawful Permanent Residency card (green card) should come in the mail.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 3 months ago
Hello, about the 90 days, is that referring to his stay since he first came to the USA or since the last time he entered the USA? He came to the USA in June 2016. We met in the USA and became a couple in September 2016. His R M1 visa is from May 2016- April 20 2021. His i20 is until June of this year. He did go back to China with me on end of December 2017 and came back on January 3 , 2018. We will be getting married this week, so there should be no problem for him to change his status right?

Since the last time he entered the U.S. He is not supposed to marry a U.S. Citizen until after 90 days after entry or they could slap him with visa fraud because they will think that he always knew he was going to marry and stay when he used the M-1. So wait until after April 4th to marry just to be on the safe side.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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Customer reply replied 3 months ago
Hello he has been training since 2016 for pilot training with the visa R M1. His school was very slow and he did 3/4 of his training and he decided to transfer to another school to finish the 1/4 of his trading left. We are marrying for love .We have hundreds of pictures together . Will it be so damaging to marry this week? Have you not seen any cases similar to this that end good? thank you.

Please do not log off again without leaving a positive rating. This is not my fault. I am only trying to protect him from getting into trouble. You should have asked about this before you made solid plans to marry and maybe spent money on things that you shouldn't have. Take a look at this link:

http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/DOS_Expands_Presumption_of_Misrepresentation_Rule_to_90_Days/

What is happening is that they are cracking down on people that are using non-immigrant visas inappropriately when they have immigrant intent. So just wait the 90 days even if it ends up costing you money unless you want to spend money hiring an attorney to defend him and try to win an I-601 waiver that you may need to file and prove that you would suffer extreme hardship if he is deported from the U.S. Again, I am trying to keep him from getting into trouble and hope you appreciate that.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of customers don't leave a rating at all and since I am not given a salary to be here, a positive rating is the only way the website will compensate me (which costs you nothing additional and the session does NOT close). It's as if I spent my time responding for free. So you can understand, 30% to 40% of customers not leaving a positive rating is like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is scroll to the top of the page or click on my name and they will come out. Thank you for your understanding.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,304
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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