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expired F-1 visa can it be used to AOS

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I was a student int he u.s on a F-1 visa which expired when I graduated in 2008. I had married my usc husband in Canada that summer. We have 2 kids and we come to visit him every 3-6 months. I am now here in the u.s visiting and don't want to go back. Its too much to have to keep traveling with 2 small children and its also harder on me to care for them on my own. Can I apply by F-1 to AOS or just AOS from visitor status?


01/15/2005 - Met at school

07/01/2007 - Engaged

11/08/2007 - Kingston our first child was born

06/22/2008 - Married

12/17/2009 - Trinity our second child was born

07/22/2010 - sent off our I-130

07/27/2010 - I-130 Received at USCIS Lockbox

08/08/2010 - NOA 1

11/09/2010 - updated

11/02/2010 - moved from CSC to TSC

11/02/2010 - updated

11/03/2010 - updated

11/24/2010- transfered from TSC to USCIS office

11/29/2010- updated

11/30/2010- updated

02/11/2010- updated

02/25/2011- APPROVED!!!!!

NVC

03/14/2011- case# assigned

03/16/2011- filled out and submitted DS-261 (Choice of Agent)

03/20/2011- I-864 (AOS) bill invoiced and paid

03/23/2011- I-864 (AOS) bill showed as paid

05/07/2011- emailed AOS package

05/09/2011- IV invoiced

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I was a student int he u.s on a F-1 visa which expired when I graduated in 2008. I had married my usc husband in Canada that summer. We have 2 kids and we come to visit him every 3-6 months. I am now here in the u.s visiting and don't want to go back. Its too much to have to keep traveling with 2 small children and its also harder on me to care for them on my own. Can I apply by F-1 to AOS or just AOS from visitor status?

You will be changing your current status, which is that of visitor. Don't stress. Everything will be fine. You have done nothing wrong! AOS is designed for people like you. Unless you have a criminal record, or your husband has a criminal record, specifically a sexual assault, etc., or unless you can't prove support, you have nothing to worry about.

Just go over the guides (don't be frightened by the warning that some people don't qualify for AOS, that doesn't apply to your case) and go over your application with a fine-toothed comb.


AOS Timeline

4/14/10 - Packet received at Chicago Lockbox at 9:22 AM (Day 1)

4/24/10 - Received hardcopy NOAs (Day 10)

5/14/10 - Biometrics taken. (Day 31)

5/29/10 - Interview letter received 6/30 at 10:30 (Day 46)

6/30/10 - Interview: 10:30 (Day 77) APPROVED!!!

6/30/10 - EAD received in the mail

7/19/10 - GC in hand! (Day 96) .

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Thanks for the info. Its very reassuring. Can you tell me how to view peoples timelines?


01/15/2005 - Met at school

07/01/2007 - Engaged

11/08/2007 - Kingston our first child was born

06/22/2008 - Married

12/17/2009 - Trinity our second child was born

07/22/2010 - sent off our I-130

07/27/2010 - I-130 Received at USCIS Lockbox

08/08/2010 - NOA 1

11/09/2010 - updated

11/02/2010 - moved from CSC to TSC

11/02/2010 - updated

11/03/2010 - updated

11/24/2010- transfered from TSC to USCIS office

11/29/2010- updated

11/30/2010- updated

02/11/2010- updated

02/25/2011- APPROVED!!!!!

NVC

03/14/2011- case# assigned

03/16/2011- filled out and submitted DS-261 (Choice of Agent)

03/20/2011- I-864 (AOS) bill invoiced and paid

03/23/2011- I-864 (AOS) bill showed as paid

05/07/2011- emailed AOS package

05/09/2011- IV invoiced

event.png

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Thanks for the info. Its very reassuring. Can you tell me how to view peoples timelines?

On the left, under their avatar, their is an option "Timeline". Click on that!

Right now, in general, it is taking about 3 months from sending in your application to receiving your green card.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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