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AOS from F1 Status

By asdic in Adjustment of Status from Work, Student, & Tourist Visas

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asdic Apprentice

asdic   1

Posted
Filed: IR-1/CR-1 Visa Country: Scotland
 Timeline
Posted (edited)

Hello all

I am filing for AOS for my wife who is on F1 status. Her student visa ends in 2 months and needs an OPT card. I plan to send my AOS forms later this week, but the OPT must be filed 2 months prior to the student visa expiring.

(1)Should we still file the OPT even though I am applying for AOS?

(2) We got married here in the US and we want to change her legal name. How do I do this on the I-130 and other forms? Should I wait for her to get the greencard and then change her legal name?

Thanks

asdic

Edited by asdic

I-751 Timeline:

05/06/2012: Window Opens

05/03/2012: Mailed out Package

05/11/2012: Received NOA-1 (dated 05/07/2012)

06/19/2012: Biometrics Appointment

sachinky Mentor

sachinky   465

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted (edited)

No need to file for OPT if you're filing for AOS. She will get a EAD any way if you file the appropriate form till her greencard is processed.

Edited by sachinky

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted
Hello all

I am filing for AOS for my wife who is on F1 status. Her student visa ends in 2 months and needs an OPT card. I plan to send my AOS forms later this week, but the OPT must be filed 2 months prior to the student visa expiring.

(1)Should we still file the OPT even though I am applying for AOS?

(2) We got married here in the US and we want to change her legal name. How do I do this on the I-130 and other forms? Should I wait for her to get the greencard and then change her legal name?

1. No. Apply for the I-765 (EAD) at the same time as filing the AOS and I-130

2. Make sure you write her new legal name on all the forms as the name you're applying under. In the prior names put her previous unmarried name. If you don't write it on the forms now then you will need to pay $300-ish and file an I-90 once you've received the card. For instance, if her married name is Jane Doe Smith then write that on the forms and her maiden name Jane Joan Jones in the prior name section.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

besaangel Proficient

besaangel   18

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted

AOS will better fit the situation... since you are going to file this week, include form I-765 (free with AOS) rather than have to pay to do OPT- also Please read the guides

6y2gm4.pngE1nrm4.png

01/06/10 - ♥ Got Married ♥

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

asdic Apprentice

asdic   1

Posted
Filed: IR-1/CR-1 Visa Country: Scotland
 Timeline
  • Author
Posted

I have a few more questions:

(a) The EAD takes about 60 days to arrive, but my wife's I-20 expires in 60 days. What should I do to maintain her status? Is it ok if it expires even though the EAD might come late?

(b) Do I need to include the I-693 Medical Exam forms along with the AOS package? Will we get the EAD even without it?

I-751 Timeline:

05/06/2012: Window Opens

05/03/2012: Mailed out Package

05/11/2012: Received NOA-1 (dated 05/07/2012)

06/19/2012: Biometrics Appointment

besaangel Proficient

besaangel   18

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted

I have a few more questions:

(a) The EAD takes about 60 days to arrive, but my wife's I-20 expires in 60 days. What should I do to maintain her status? Is it ok if it expires even though the EAD might come late?

(b) Do I need to include the I-693 Medical Exam forms along with the AOS package? Will we get the EAD even without it?

:guides: once u file AOS- no longer under F-1 requirements... Do medical asap to get AOS processing done faster...

6y2gm4.pngE1nrm4.png

01/06/10 - ♥ Got Married ♥

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

asdic Apprentice

asdic   1

Posted
Filed: IR-1/CR-1 Visa Country: Scotland
 Timeline
  • Author
Posted

Thank you Besangel...you are amazing! I have read the guides, but some of the stuff makes me confused.

I had another question

(1) My wife arrived to the USA in August 2008 on F1, we met October 2009. We decided to get married so I went with her to her native country to meet her parents in December 2009. We came back in January 2010 to the US and got married in February. So, on I-485, it asks the last arrival date, if I put January 2010 and the marriage date February 2010, would they consider that as an immigration intent for my wife who entered on F1 visa and thus deny the GC?

(2) Also on the I-485, it asks for the nonimmigration visa number? There are like 3 different numbers on the Visa...on some websites it says its the red number, I read somewhere else it is the Visa control number? Any thoughts?

I-751 Timeline:

05/06/2012: Window Opens

05/03/2012: Mailed out Package

05/11/2012: Received NOA-1 (dated 05/07/2012)

06/19/2012: Biometrics Appointment

besaangel Proficient

besaangel   18

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted

You guys really shouldnt have left the states because that does show he intent to get married upon entry- which is basically visa fraud...

Thank you Besangel...you are amazing! I have read the guides, but some of the stuff makes me confused.

I had another question

(1) My wife arrived to the USA in August 2008 on F1, we met October 2009. We decided to get married so I went with her to her native country to meet her parents in December 2009. We came back in January 2010 to the US and got married in February. So, on I-485, it asks the last arrival date, if I put January 2010 and the marriage date February 2010, would they consider that as an immigration intent for my wife who entered on F1 visa and thus deny the GC?

(2) Also on the I-485, it asks for the nonimmigration visa number? There are like 3 different numbers on the Visa...on some websites it says its the red number, I read somewhere else it is the Visa control number? Any thoughts?

Could cause problems with GC... consult a lawyer...

nonimmigrant number is the set on numbers in red, located on her F-1 visa itself

6y2gm4.pngE1nrm4.png

01/06/10 - ♥ Got Married ♥

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

hostkiller Rookie

hostkiller   0

Posted
Filed: AOS (apr) Country: Hong Kong
 Timeline
Posted

I am confused about the A# as well. Should I use the one from my F1 visa or I should use the one from my OPT EAD card application? (Don't ask me why I applied for OPT. :bonk: Just to be on the save side.)

04/16/2010 - AOS , EAD. AP Mailed via USPS priority mail

04/18/2010 - Received - via USPS delivery tracking

04/23/2010 - Both checks cashed by USCIS

04/26/2010 - Received 4 NOAs (I-130, I-485, I-765, I-131) in mail.

04/29/2010 - I-130, I-485, I-765, I-131 have been touched.

05/03/2010 - Biometric letter received, scheduled on 05/19/2010.

05/10/2010 - RFE for I-485, 864. Need to find out what I did not send.

05/19/2010 - Biometric taken at San Antonio.

05/19/2010 - Touched on I-765.

05/24/2010 - Sent in additional information to USCIS.

05/26/2010 - USCIS received my additional information.

05/28/2010 - USCIS resumed processing of I-485.

06/02/2010 - Address changed using USCIS website.

06/07/2010 - I-130, I-485, I-765, I-131 have been touched.

06/10/2010 - EAD card production ordered.

06/11/2010 - I-765, I-131 have been touched.

06/18/2010 - Received AP in letters.

06/18/2010 - I-765 approval notice sent.

06/21/2010 - EAD received.

07/04/2010 - Received notice for interview on 08/05/2010.

08/05/2010 - Interviewed at Irving USCIS center. Case approved. Removal of condition in 2 years.

05/07/2012 - 90 days before my 2 year Green Card expire, apply for Removing of Conditions.

08/05/2013 - Eligible for Naturalization.

EeAdm5.png

PUC0m5.png

oSa2m5.png

besaangel Proficient

besaangel   18

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted

I am confused about the A# as well. Should I use the one from my F1 visa or I should use the one from my OPT EAD card application? (Don't ask me why I applied for OPT. :bonk: Just to be on the save side.)

A# is on EAD while nonimmigrant number on F1 visa

6y2gm4.pngE1nrm4.png

01/06/10 - ♥ Got Married ♥

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

asdic Apprentice

asdic   1

Posted
Filed: IR-1/CR-1 Visa Country: Scotland
 Timeline
  • Author
Posted

Hello everyone

I am a US citizen and My wife is on student visa here in the US, but we had a religious marriage ceremony back in her home country and then we came back to the US. We had a legal ceremony over here within a month of her coming to the US.

Would I better off if I just applied for a K3 from her home country? This is because applying for AOS may be denied due to problems with intent.

I-751 Timeline:

05/06/2012: Window Opens

05/03/2012: Mailed out Package

05/11/2012: Received NOA-1 (dated 05/07/2012)

06/19/2012: Biometrics Appointment

Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Hello everyone

I am a US citizen and My wife is on student visa here in the US, but we had a religious marriage ceremony back in her home country and then we came back to the US. We had a legal ceremony over here within a month of her coming to the US.

Would I better off if I just applied for a K3 from her home country? This is because applying for AOS may be denied due to problems with intent.

If she's here as a student and met you there is nothing wrong with that. Adjusting Status would be the best thing for your circumstances.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

asdic Apprentice

asdic   1

Posted
Filed: IR-1/CR-1 Visa Country: Scotland
 Timeline
  • Author
Posted

so even though we married 1 month after she arrived into the US....applying for AOS will not be a problem right?

I know this girl for over a year. I met her 8 months after she entered the US. She then went back to visit her family and then I proposed to her after she returned. We had no idea we were going to marry.

I-751 Timeline:

05/06/2012: Window Opens

05/03/2012: Mailed out Package

05/11/2012: Received NOA-1 (dated 05/07/2012)

06/19/2012: Biometrics Appointment

asdic Apprentice

asdic   1

Posted
Filed: IR-1/CR-1 Visa Country: Scotland
 Timeline
  • Author
Posted

You guys really shouldnt have left the states because that does show he intent to get married upon entry- which is basically visa fraud...

Could cause problems with GC... consult a lawyer...

nonimmigrant number is the set on numbers in red, located on her F-1 visa itself

My wife was in the US for 14 months only then she decided to go back to her country and then reenter to finish her studies. We got married on the spot in a simple ceremony after a month she came back. Would that still be considered intent to get married?

I-751 Timeline:

05/06/2012: Window Opens

05/03/2012: Mailed out Package

05/11/2012: Received NOA-1 (dated 05/07/2012)

06/19/2012: Biometrics Appointment

 
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