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What should we do as an international student who got married?

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Filed: F-1 Visa Country: France
Timeline

Hello everyone,

My wife (who is a US citizen and French) and I (French) got married 3 weeks ago, we have lived together for 8 months now. I wouldn't hide that I am very scared of what I should do and not do. I have been an international student from Paris and traveled back and forth from Paris (my home) to Seattle since 2007.

We're getting graduated soon, in a few days, and we want to move in New York together, and most importantly I would deeply like to support my wife financially through her studies and our projects, I do not want her to work alone for our us, and we love travelling around.

Most of the documents are quiet complicated to fill. What should I do after my graduation day? Can my wife sponsor me with our common account? Should I be a K1 visa? Where could I find the I-94 departure record?

We are students and live together, what can we do to proof that we are good financially to support ourselves? My student visa expire at the end of July 2012.

If there is anyone who can advice me, or light me, I would be very, surely graceful, thanks in advance.

Ramy Kader

sonly19_@hotmail.com

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Filed: Citizen (apr) Country: Canada
Timeline

Dont' wait until your visa expires, follow the link below to work on adjusting your status

http://www.visajourney.com/content/i130guide2

Your I-94 is stapled into your passport, look for it there.

If you cannot meet the financial requirments, a co-sponsor must be obtained.

PS - your student visa expires in July 2012, however it requires you to be a full time student, if you are not then obviously your student visa isn't authorizing you to stay. File NOW, before you graduate, to avoid any problems or complications

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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As Canadian_Wife said, even though the expiration date on your visa might say 2012 it does not mean it allows you to stay here until then. Once you have graduated, you have a 60 day grace period within which you would either have to enroll into a new study program and get a new I-20 which reflects your new school and program, or you have to leave US. As long as you submit your AOS-package before that grace period runs out, you avoid accumulating any overstay. It can take USCIS up to 30 days to acknowledge they have received your paperwork, so better to submit it early before your authorized stay runs out. Though you should aim to have your paperwork send early, it is still good to keep in mind that even if you end up accumulating a few days/weeks of overstay, it won't be the end of the world -I am only pointing this out so you can avoid unnecessary stress and freakouts about that :)

Follow the guide under the link Canadian_wife posted. It's not that complicated - just a lot of paperwork that requires attention to detail. It will take about 70-90 days for you to get the combination EAD/AP-card (employment authorization document and advance parole document) which will allow you to both work and travel Before that comes, you cannot work or leave the U.S. If you move to NYC before filing or during the process, you can expect a much longer overall processing time than anywhere else - NYC seems to be hugely backlogged. Some people who filed in November and December last year are still waiting to get their interview appointments.. but there is a whole separate thread just for NYC filers, so you can check the process and timelines of other people there.

Good luck!


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Thank you very much for your advices. I wil do my best, and hopefully, the immigrations office won't be to hard on my wife!!! I do not like the idea that my wife has to go through all this. Again thank you!!!

Here's my thoughts and experiences as a former F-1 myself.

You can always file for adjustment of status while being in the US, which means in about 4 months from filing the forms you will have your conditional green card (since you are married less then 5 years, but that's the only "restriction" with it, you can work and travel, stay with no problems).

Downsides of filing for AOS while in the US compared to Fiance visas is that you only can travel abroad with a so called "Advanced Parole" which needs to be filed and approved first before you would leave the country but usually is filed with the whole package right away.

Also, pending on state, school officials you may run into problems on what tuition they will charge you as with filing AOS you change status from your visa international student to an intending immigrant. It may be a problem, but maybe not, depending on how desperate you would want to pay instate compared to your previous tuition rates.

Upsides - once you file you are in lawful presence in the US, and it doesn't matter if you are still going to school or dropped out, no matter if your visa is valid or expired, a marriage to a US citizen is reason enough for them to let you be here during the AOS process. So you don't have to worry about being deported.

You also can file with your package the Employment Authorization and use that for finding employment while they are working on your adjustment application.

No more restrictions like limited hours of work, on campus work only - it's a free pass to work anywhere and anytime.

I was married once during my college time but due to circumstances beyond my control I was unable to file for AOS, eventually even had to go through a divorce.

Luckily destiny ment it for me to meet my now wife during my separation and we filed for AOS last October and the only question the Immigration Officer at the interview had was if there was anything filed from my ex wife in my prior marriage and no comments of me being out of status due to expired visa.

Feel free to ask any questions and we'll tell you more about our experiences and share our knowledge too :)

Welcome to VJ

Maxximus


10/13/2010 - Mailed in The Package (AOS, I-765, I-130)

10/17/2010 - USPS confirms delivery to USCIS

10/25/2010 - Check cashed

10/26/2010 - All applications been worked on aka touched

10/28/2010 - NOA1 Receipts for applications received

11/24/2010 - Received appointment for biometrics in the mail for 12/17 *yay*

12/17/2010 - 9.25 a.m. - 9.45 a.m. Biometrics done !!

12/23/2010 - EAD Approved and Card on its way - Email notification received *yay*

01/03/2011 - WOOOHOOO ...EAD Card in Hand!

01/04/2011 - Oh boy....Received Interview Letter today - February 3rd is the day! :)

02/03/2011 - Interview scheduled 12:45 p.m. - out of there before 1:30 p.m. - further review

Coming home, checking for touches at 5:30 p.m. - CARD PRODUCTION ORDERED !!!!

Thank you All on Visajourney for your inputs, experiences and thoughts!!!

02/09/2011 - Yup another e-mail saying that my card production was ordered.

02/10/2011 - E-mail notification "Approval letter was sent today"

02/14/2011 - Welcome Letter / Approval NOA and Card (separate envelope) received!!! :D

Late November 2012 (have to look up my receipts ;) - mailed in ROC I-751

12/12/2012 - NOA 1, status extension received

12/18/2012 - Biometrics appointment letter received

01/08/2013 - Biometrics done

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Filed: Citizen (apr) Country: Canada
Timeline

Here's my thoughts and experiences as a former F-1 myself.

You can always file for adjustment of status while being in the US, which means in about 4 months from filing the forms you will have your conditional green card (since you are married less then 5 years, 2 years but that's the only "restriction" with it, you can work and travel, stay with no problems).

After 2 years, 90 days before your green card expires, you must also file removal of conditions! Doing so will allow you to get a 10 year green card

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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wops....am not up to date ;) ... I remember years ago it was 5 years of marriage on approval of AOS in order to get the "unlimited" green card .... thanks for correcting this :)

Maxximus


10/13/2010 - Mailed in The Package (AOS, I-765, I-130)

10/17/2010 - USPS confirms delivery to USCIS

10/25/2010 - Check cashed

10/26/2010 - All applications been worked on aka touched

10/28/2010 - NOA1 Receipts for applications received

11/24/2010 - Received appointment for biometrics in the mail for 12/17 *yay*

12/17/2010 - 9.25 a.m. - 9.45 a.m. Biometrics done !!

12/23/2010 - EAD Approved and Card on its way - Email notification received *yay*

01/03/2011 - WOOOHOOO ...EAD Card in Hand!

01/04/2011 - Oh boy....Received Interview Letter today - February 3rd is the day! :)

02/03/2011 - Interview scheduled 12:45 p.m. - out of there before 1:30 p.m. - further review

Coming home, checking for touches at 5:30 p.m. - CARD PRODUCTION ORDERED !!!!

Thank you All on Visajourney for your inputs, experiences and thoughts!!!

02/09/2011 - Yup another e-mail saying that my card production was ordered.

02/10/2011 - E-mail notification "Approval letter was sent today"

02/14/2011 - Welcome Letter / Approval NOA and Card (separate envelope) received!!! :D

Late November 2012 (have to look up my receipts ;) - mailed in ROC I-751

12/12/2012 - NOA 1, status extension received

12/18/2012 - Biometrics appointment letter received

01/08/2013 - Biometrics done

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