Question about basic forms, F1 student being out of status...

[alekspoker1 0]

hi everyone,

I have registered to this forum now because I will marry a us citizen and I need help with applying for AOS. I will be visiting this forum quite often in the next year or two. I will also be helping others along the way.

I will start with my first question...

Q1: What are the minimum forms that I need to file the first time? I am asking this because I am not in the greatest financial position and I want to file the minimum # of forms at first and maybe after a month or two file the rest. I think I have to file right away I-130 ($355), I-485 and G-325A ($1010), I-864 ($70), I-864A ($0), G-325A ($0) and since I have to file I-485 and pay $1010 I will also file I-765 and I-131 because they are $0. Do I need to file I-693 right away or I can do it later? If there are more forms I need to file or if I dont have to file some of these please let me know.

Also, I will marry my fiancee, a us citizen, next month and file for the AOS. I am currently an F1 student and I am going to stop going to school this semester, which means I will be out of status starting today because the school starts today. I currently live with relatives and I dont have to pay for rent and food, but I will soon live with my fiancee and my family cannot pay for out of state tuition, rent, food etc and all the green card forms. That is the reason for stopping the school. I know that the school will report me to USCIS as being out of status because I failed to be registered for min 12 credits.

Q2: Do I have some grace period during which I have to leave the country or apply for AOS? I have heard the if I marry a us citizen and apply for AOS I am not subject of deportation and I can stay legally in USA. I am afraid that immigration officers will come to my house to deport me before I get married and file the forms. I will be out of status only for about a month until I get married and file for the AOS.

Q3: Do you think they will come to look for me during this time?

I will appreciate a lot if someone answers these questions.

Thank you

[alekspoker1 0]

P.S. I saw somewhere that I could only file at first the I-130 form and later the rest. Is this correct? I want to do this because I need the receipt from USCIS that they have received the application for AOS so I dont be illegally in USA. after that I will file all the other forms.

[Anh map 2,098]

They will not come looking for you. But don't wait too long to marry and begin the AOS. If you are out of status without applying for AOS then you are open for potential problems.

The I-693 involves you having a medical exam, don't forget the doctor's fee.

Read the guides and file all the needed forms. Sending a partial submission will not get your case started, they will send an RFE (request for evidence) and wait until all the needed items are returned before working on your case. Which means you won't have the "protection" of being in the AOS process.

Good luck.

[Aubrey 10]

It's never advisable to be out of status, especially when you're not here on a legal immigration-type of visa (spousal, fiancé visa, etc). If you didn't enter the country F-1 with the intent to stay, be sure you have ample proof of that. It's your burden to prove that you intended to return to your home country after your schooling, or you will be denied AOS. If you leave the country before you have Advanced Parole, you will not be able to re-enter the USA without applying for new visa related to your intent to immigrate.

I would strongly suggest (assuming you did not intend to stay when you originally entered the country) that you marry immediately and file for AOS. A quick courthouse ceremony, and have your formal ceremony later. Being out of status, you are subject to deportation at any time.

As for what forms to file, check the guides at the top of your screen. Be sure to read the instructions for all of the forms carefully.

[alekspoker1 0]

ok thank you for the information. i went to school today and they have told me that they will not report to uscis that im out of status for 30 days starting today, but i will have to give them the receipt from uscis by the end of those 30 days or at least marriage certificate so that they give that to the uscis and let them know that i am adjusting the status. how much time does it take for them to send me the receipt that they have received the forms?

[Aubrey 10]

ok thank you for the information. i went to school today and they have told me that they will not report to uscis that im out of status for 30 days starting today, but i will have to give them the receipt from uscis by the end of those 30 days or at least marriage certificate so that they give that to the uscis and let them know that i am adjusting the status. how much time does it take for them to send me the receipt that they have received the forms?

Most people are receiving NOA1 (notice of action) within a week of USCIS receiving their case, but it can take up to 30 days (or so they told me when I called).

Just because they don't report you as out of status doesn't mean you aren't out of status...

[alekspoker1 0]

ok thank you for the information. i went to school today and they have told me that they will not report to uscis that im out of status for 30 days starting today, but i will have to give them the receipt from uscis by the end of those 30 days or at least marriage certificate so that they give that to the uscis and let them know that i am adjusting the status. how much time does it take for them to send me the receipt that they have received the forms?

Most people are receiving NOA1 (notice of action) within a week of USCIS receiving their case, but it can take up to 30 days (or so they told me when I called).

Just because they don't report you as out of status doesn't mean you aren't out of status...

I know that I am out of status, but they told me that when i bring to school noa1 that they can report to uscis that it is a legal withdrawal from classes.

[alekspoker1 0]

ok thank you for the information. i went to school today and they have told me that they will not report to uscis that im out of status for 30 days starting today, but i will have to give them the receipt from uscis by the end of those 30 days or at least marriage certificate so that they give that to the uscis and let them know that i am adjusting the status. how much time does it take for them to send me the receipt that they have received the forms?

Most people are receiving NOA1 (notice of action) within a week of USCIS receiving their case, but it can take up to 30 days (or so they told me when I called).

Just because they don't report you as out of status doesn't mean you aren't out of status...

One quick question... Do I have to file I-485 together with I-130 or can I do it afterward when I get visa number?

[Deputy Purple 1,294]

One quick question... Do I have to file I-485 together with I-130 or can I do it afterward when I get visa number?

To begin the process of applying for a CR-1 VISA you only need to file the I-130. I believe you also need to file a form to request the rigth to remain in the US while waiting for the case to process but I don't know that form as my wife remained in her country.

[alekspoker1 0]

If you didn't enter the country F-1 with the intent to stay, be sure you have ample proof of that. It's your burden to prove that you intended to return to your home country after your schooling, or you will be denied AOS.

thank you for the information.

what is an example of the proof that i didnt enter the country with the intent to stay?