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mrs_gonzo

help?! getting married on a f1 visa

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

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ChrisPG Collaborator

ChrisPG   30

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

I now understand that I am not necessarily violating any F1 rules since our case would be pending.

That is correct.

So I can just apply for AOS and notify my current school as soon as I receive a letter from USCIS saying they have my application?

Although you are under no legal obligation to notify them after you have submitted your AOS package, it wouldn't do you harm by doing just what you suggested.

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

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mrs_gonzo Explorer

mrs_gonzo   9

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
  • Author
Posted

awesome, thanks.

It is still a while until we actually are going to file, but we were looking at all the forms and what we have to include and submit. I have a question about the I-94 and I would love to clear that up before it gets time to file. So as mentioned before, I have changed my status from J-1 to F-1. When I filed for Cos, it said I have to submit my original I20 and my original I94, so I sent it in. therefore, I only have the 2nd and new I94 which, just like my first one, says D/S. Is it a problem that i don't have the first I94 anymore? or can i just put my new I94 number in the line where they are asking for it? I imagine it does not really matter because if I was to leave and re-enter the states I would have to surrender the one I have and receive a new one as I enter, right?

thanks again!

~Sometimes you must live through the darkness in order to see the light~

♥ ♥ ♥ 11/30/2012 - We got married in San Diego, CA ♥ ♥ ♥

CoS from J1 to F1 now AoS

Day 00 - 01/02/2013 sent AOS package via USPS

Day 02 - 01/04/2013 package arrived in the am *patiently waiting for more*

Day 05 - 01/07/2013 received text messages for all 4 forms

Day 06 - 01/08/2013 checks been cashed

Day 08 - 01/10/2013 received NOAs for all four forms

Day 12 - 01/14/2013 received appointment letter for biometrics on 02/01/2013 but completed biometrics the same day

Day 27 - 01/29/2013 received email that our case is ready to be scheduled for an Interview :)

Day 29 - 01/31/2013 received an email that our Interview will be on March 6 2013!!!!!!!!!

Day 33 - 02/04/2013 received hardcopy of interview letter

Day 62 - 03/05/2013 EAD/AP approved

Day 63 - 03/06/2013 scheduled interview appointment - APPROVED

Day 66 - 03/09/2013 I130 & I485 Approval noitces arrived in the mail

Day 70 - 03/13/2013 EAD/ AP combo card arrives in the mail

Day 71 - 03/14/2013 Greencard arrives yay!!!

x7gf2rvxm9gk.png

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ChrisPG Collaborator

ChrisPG   30

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

awesome, thanks.

It is still a while until we actually are going to file, but we were looking at all the forms and what we have to include and submit. I have a question about the I-94 and I would love to clear that up before it gets time to file. So as mentioned before, I have changed my status from J-1 to F-1. When I filed for Cos, it said I have to submit my original I20 and my original I94, so I sent it in. therefore, I only have the 2nd and new I94 which, just like my first one, says D/S. Is it a problem that i don't have the first I94 anymore? or can i just put my new I94 number in the line where they are asking for it? I imagine it does not really matter because if I was to leave and re-enter the states I would have to surrender the one I have and receive a new one as I enter, right?

thanks again!

Correct, it doesn't matter that you no longer have your old one. If it makes you feel better, simply include copies of any documentation that you have pertaining to your COS and I am sure that will help to clear up the I-94 "issue" but I doubt that it will even be a problem as they will have a record themselves of all your entry & exits, COS etc.

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

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mrs_gonzo Explorer

mrs_gonzo   9

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
  • Author
Posted

Correct, it doesn't matter that you no longer have your old one. If it makes you feel better, simply include copies of any documentation that you have pertaining to your COS and I am sure that will help to clear up the I-94 "issue" but I doubt that it will even be a problem as they will have a record themselves of all your entry & exits, COS etc.

Thanks!

~Sometimes you must live through the darkness in order to see the light~

♥ ♥ ♥ 11/30/2012 - We got married in San Diego, CA ♥ ♥ ♥

CoS from J1 to F1 now AoS

Day 00 - 01/02/2013 sent AOS package via USPS

Day 02 - 01/04/2013 package arrived in the am *patiently waiting for more*

Day 05 - 01/07/2013 received text messages for all 4 forms

Day 06 - 01/08/2013 checks been cashed

Day 08 - 01/10/2013 received NOAs for all four forms

Day 12 - 01/14/2013 received appointment letter for biometrics on 02/01/2013 but completed biometrics the same day

Day 27 - 01/29/2013 received email that our case is ready to be scheduled for an Interview :)

Day 29 - 01/31/2013 received an email that our Interview will be on March 6 2013!!!!!!!!!

Day 33 - 02/04/2013 received hardcopy of interview letter

Day 62 - 03/05/2013 EAD/AP approved

Day 63 - 03/06/2013 scheduled interview appointment - APPROVED

Day 66 - 03/09/2013 I130 & I485 Approval noitces arrived in the mail

Day 70 - 03/13/2013 EAD/ AP combo card arrives in the mail

Day 71 - 03/14/2013 Greencard arrives yay!!!

x7gf2rvxm9gk.png

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  • 1 month later...
mrs_gonzo Explorer

mrs_gonzo   9

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
  • Author
Posted

I have another question regarding our AOS. I just got back from California and we had the big talk with the family about what steps we are going to take next etc. My fiance makes enough money to support me on his own, but he lives with his sister. They both bought a house together in 2009 and share mortgage and utility bills. We intend to live with her for as long as our case is pending and maybe a few more months after that. Because he makes enough money, she does not really have to support me as well, but is she required to file an I-864 as well? I think he has to include her on his form and mention that the household will be 3 people.

Thanks again!

~Sometimes you must live through the darkness in order to see the light~

♥ ♥ ♥ 11/30/2012 - We got married in San Diego, CA ♥ ♥ ♥

CoS from J1 to F1 now AoS

Day 00 - 01/02/2013 sent AOS package via USPS

Day 02 - 01/04/2013 package arrived in the am *patiently waiting for more*

Day 05 - 01/07/2013 received text messages for all 4 forms

Day 06 - 01/08/2013 checks been cashed

Day 08 - 01/10/2013 received NOAs for all four forms

Day 12 - 01/14/2013 received appointment letter for biometrics on 02/01/2013 but completed biometrics the same day

Day 27 - 01/29/2013 received email that our case is ready to be scheduled for an Interview :)

Day 29 - 01/31/2013 received an email that our Interview will be on March 6 2013!!!!!!!!!

Day 33 - 02/04/2013 received hardcopy of interview letter

Day 62 - 03/05/2013 EAD/AP approved

Day 63 - 03/06/2013 scheduled interview appointment - APPROVED

Day 66 - 03/09/2013 I130 & I485 Approval noitces arrived in the mail

Day 70 - 03/13/2013 EAD/ AP combo card arrives in the mail

Day 71 - 03/14/2013 Greencard arrives yay!!!

x7gf2rvxm9gk.png

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ChrisPG Collaborator

ChrisPG   30

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted (edited)

I have another question regarding our AOS. I just got back from California and we had the big talk with the family about what steps we are going to take next etc. My fiance makes enough money to support me on his own, but he lives with his sister. They both bought a house together in 2009 and share mortgage and utility bills. We intend to live with her for as long as our case is pending and maybe a few more months after that. Because he makes enough money, she does not really have to support me as well, but is she required to file an I-864 as well? I think he has to include her on his form and mention that the household will be 3 people.

Thanks again!

I am certainly no expert on the I-864 but I believe that the answer to both of your questions is no.

1) No, she does is not required to file Form I-864 since she will not be your joint sponsor. However, if she is combing her income with your husband's income to meet the financial requirements, then she will need to complete Form I-864A-- but this doesn't sound like it will apply to you since your husband makes enough.

2) No, your husband does not need to include his sister in the household size unless the sister is either: a dependent or she is a combining her income with your husband's income in order to sponsor you.

I am sure someone will correct me if I am wrong.

Edited by ChrisPG

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

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mrs_gonzo Explorer

mrs_gonzo   9

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
  • Author
Posted

I am certainly no expert on the I-864 but I believe that the answer to both of your questions is no.

1) No, she does is not required to file Form I-864 since she will not be your joint sponsor. However, if she is combing her income with your husband's income to meet the financial requirements, then she will need to complete Form I-864A-- but this doesn't sound like it will apply to you since your husband makes enough.

2) No, your husband does not need to include his sister in the household size unless the sister is either: a dependent or she is a combining her income with your husband's income in order to sponsor you.

I am sure someone will correct me if I am wrong.

I looked into it again and what you said makes sense and I believe its true. Thank you

~Sometimes you must live through the darkness in order to see the light~

♥ ♥ ♥ 11/30/2012 - We got married in San Diego, CA ♥ ♥ ♥

CoS from J1 to F1 now AoS

Day 00 - 01/02/2013 sent AOS package via USPS

Day 02 - 01/04/2013 package arrived in the am *patiently waiting for more*

Day 05 - 01/07/2013 received text messages for all 4 forms

Day 06 - 01/08/2013 checks been cashed

Day 08 - 01/10/2013 received NOAs for all four forms

Day 12 - 01/14/2013 received appointment letter for biometrics on 02/01/2013 but completed biometrics the same day

Day 27 - 01/29/2013 received email that our case is ready to be scheduled for an Interview :)

Day 29 - 01/31/2013 received an email that our Interview will be on March 6 2013!!!!!!!!!

Day 33 - 02/04/2013 received hardcopy of interview letter

Day 62 - 03/05/2013 EAD/AP approved

Day 63 - 03/06/2013 scheduled interview appointment - APPROVED

Day 66 - 03/09/2013 I130 & I485 Approval noitces arrived in the mail

Day 70 - 03/13/2013 EAD/ AP combo card arrives in the mail

Day 71 - 03/14/2013 Greencard arrives yay!!!

x7gf2rvxm9gk.png

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