AOS from F1

[Soapz 14]

Hello everyone,

after lurking around the forum for a while (thanks for all the great tips, by the way!) I could answer most of my questions over time - but there is one thing that I wonder about:

I think my case is rather straightforward, John (USC) and I are preparing the the paperwork as we speak, so we can send them off in July.

From my timeline you can see, we've been married for almost two years now, and by now we are sure that we are going to stay here. Will USCIS have a problem that we've waited that long to apply for a GC? There was no use for it before now, because we also considered going to Europe. however, my parents (both naturalized USC) were the reason for me to come here and pursue a degree at a local university and I've now decided to finish it out in the US (I was considering Britain before). Anyways, does that look like I'm not really interested in staying here? Could this cause a problem? Anyone have any idea?

Our local office will be New Orleans (I came right after Katrina to look after my parents while going to school)and there aren't too many reviews on that office.

Any information will help, thanks to all of you.

[canadian_wife 1,791]

If you are in the US and marry a US citizen, there is no requirement or timeline to adjust status. If asked, tell the truth - you were unsure of where you would settle after school. Nothing wrong with that

However, I see you have graduated, are you on OPT or do you have anything extending your stay in the US? If not, file as soon as you can in order to either not fall out of status or keep the out of status to a minimum. Even if your I120 and visa are good for a certain amount of time, if you are no longer a student, the visa doesn't apply to you anymore

Good luck

PS - don't leave the country until AP or your green card

[Soapz 14]

Hello Canadian Wife,

thanks for your answer. Yes, I graduated college, and I'm not on OPT. We will file in July after the medical, and I did sign up again at the college for classes, although I don't get credit for it. I verified that I still will be on active status with SEVIS for the fall semester. I should be on the clear with that. My visa expires in 2012, the I-20 has no expiration it was 'dated' with Duration of Stay - which would end with completion of my Masters. I do not expect trouble from there. I called DHS and was told that if I mail in my application before August, it would not matter if I sign up for classes again - but I don't trust that completely - better safe than sorry. I will be a student for the next 3 years.