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Brian&Ivy

f-1 status and divorce document

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Hi there,

I have 2 questions regarding application. My husband, who is citizen, had a failure marriage in other country where the native language is not English. Do he need to go to Embassy or some notary place to translate?

The other is my current status is F-1, my understanding is if I get i485 notice, my student visa expires. Is it correct?

Thanks,


- 7/23/2008 came to US with F-1 visa
- 9/11/2012 I-485, I-130 and I-765 package sent to USCIS Chicago lockbox
- 9/12/2012 package delivered and signed by XXX
- 9/14/2012 received email with receipt numbers
- 9/17/2012 check cashed
- 9/30/2012 received hard copy of biometrics appointment on 10/19/2012, notice dated on 9/21/2012
- 10/12/2012 successfully walk-in one week earlier without asking reason at New York Long Island City office
- 11/5/2012 started to work in a new firm
- 11/11/2012 EAD approved!!! AWESOME!
- 11/19/2012 EAD card delivered, one day ahead of my birthday!
- 1/11/2013 received txt and email about interview time
- 2/14/2013 interview - Got APPROVED on the spot!!
- 2/27/2013 USCIS online update - 485 decision!! we mailed you a notice that we had registered this customer's new permanent resident status :) Later, my 130 update too!!!
- 3/4/2013 Card Production!!

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

- 11/24/2014 I-751 package sent to USCIS Vermont Service Center to remove conditions

- 11/25/2014 package was delivered and signed by XXX

- 11/26/2014 check cashed @16:49 before thanksgiving!

- 12/17/2014 bio letter received, scheduled on Dec 30, 2014 11:00 AM

- 12/19/2014 early bio done in Long Island City Office!

Good Luck!!

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Your husband will need the original divorce decree, and an english translation by a translator with a certificate attesting to the translator's ability to translate fluently from the original language to english. For something like a divorce decree, I would get it translated by a formal translator.

Yes, your F-1 status technically is voided when AOS is filed. However, you can continue to go to school normally during the AOS process.


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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I had heard from my lawyer that the F-1 visa status is not voided unless you do something that violates the terms of your visa (because my husband is still on his right now), such as work over 20 hours per week with EAD, or work off campus, or leave the country on advance parole (since you couldn't use your I-20 to return).


Day 0 - 2 May 2012 Mailed AOS package overnight delivery
Day 139 - 17 September 2012 Interview & APPROVED on the Spot!! :)
Day 145 - 23 September 2012 Received Green Card!

ROC - Eligible June 19 2014

Day 0 - 18 June 2014 Mailed ROC package via 2 day priority

Day 42 - 29 July 2014 Approval and Card Production Email

Day 49 - 5 August 2014 Received Green Card

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My understanding is that the problem would mainly arise if AOS was denied for an F-1 holder. As F-1 is a non-immigrant visa, and filing AOS clearly establishes immigrant intent, my understanding is that even if an AOS applicant had obeyed F-1 rules while AOS was pending, he/she could not merely fall back on that F-1 status if AOS was denied.


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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That would be true if you were to leave the country. Fortunately, since he is already here and the visa is used for entering the US, the visa remains valid as long as he doesn't leave.

Now, if he were to go back to his country for some reason, then there would be trouble when re-entering!


Day 0 - 2 May 2012 Mailed AOS package overnight delivery
Day 139 - 17 September 2012 Interview & APPROVED on the Spot!! :)
Day 145 - 23 September 2012 Received Green Card!

ROC - Eligible June 19 2014

Day 0 - 18 June 2014 Mailed ROC package via 2 day priority

Day 42 - 29 July 2014 Approval and Card Production Email

Day 49 - 5 August 2014 Received Green Card

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That would be true if you were to leave the country. Fortunately, since he is already here and the visa is used for entering the US, the visa remains valid as long as he doesn't leave.

Now, if he were to go back to his country for some reason, then there would be trouble when re-entering!

thanks for ur info! really helpful!

So can I withdraw my school tuition after I receive 485 notice? My new term I-20 starts Aug 2, 2012 and expires Feb 2, 2013. I will file my petition this weekend and I guess I can get receipt number next month. Is my status legal that time?


- 7/23/2008 came to US with F-1 visa
- 9/11/2012 I-485, I-130 and I-765 package sent to USCIS Chicago lockbox
- 9/12/2012 package delivered and signed by XXX
- 9/14/2012 received email with receipt numbers
- 9/17/2012 check cashed
- 9/30/2012 received hard copy of biometrics appointment on 10/19/2012, notice dated on 9/21/2012
- 10/12/2012 successfully walk-in one week earlier without asking reason at New York Long Island City office
- 11/5/2012 started to work in a new firm
- 11/11/2012 EAD approved!!! AWESOME!
- 11/19/2012 EAD card delivered, one day ahead of my birthday!
- 1/11/2013 received txt and email about interview time
- 2/14/2013 interview - Got APPROVED on the spot!!
- 2/27/2013 USCIS online update - 485 decision!! we mailed you a notice that we had registered this customer's new permanent resident status :) Later, my 130 update too!!!
- 3/4/2013 Card Production!!

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

- 11/24/2014 I-751 package sent to USCIS Vermont Service Center to remove conditions

- 11/25/2014 package was delivered and signed by XXX

- 11/26/2014 check cashed @16:49 before thanksgiving!

- 12/17/2014 bio letter received, scheduled on Dec 30, 2014 11:00 AM

- 12/19/2014 early bio done in Long Island City Office!

Good Luck!!

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By withdraw your tuition, do you mean you will drop out of school? Withdrawing from school would violate the terms of your visa, so you couldn't do that and stay in status.

However, if you apply for the AOS right away (or before you withdraw from school) there wouldn't be any consequences (that I am aware of) since you would be relying on the AOS to stay in the country legally.


Day 0 - 2 May 2012 Mailed AOS package overnight delivery
Day 139 - 17 September 2012 Interview & APPROVED on the Spot!! :)
Day 145 - 23 September 2012 Received Green Card!

ROC - Eligible June 19 2014

Day 0 - 18 June 2014 Mailed ROC package via 2 day priority

Day 42 - 29 July 2014 Approval and Card Production Email

Day 49 - 5 August 2014 Received Green Card

Share this post


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Share on other sites

By withdraw your tuition, do you mean you will drop out of school? Withdrawing from school would violate the terms of your visa, so you couldn't do that and stay in status.

However, if you apply for the AOS right away (or before you withdraw from school) there wouldn't be any consequences (that I am aware of) since you would be relying on the AOS to stay in the country legally.

yea, i plan to withdraw after i receive 485 receipt..

good luck with ur interview!!


- 7/23/2008 came to US with F-1 visa
- 9/11/2012 I-485, I-130 and I-765 package sent to USCIS Chicago lockbox
- 9/12/2012 package delivered and signed by XXX
- 9/14/2012 received email with receipt numbers
- 9/17/2012 check cashed
- 9/30/2012 received hard copy of biometrics appointment on 10/19/2012, notice dated on 9/21/2012
- 10/12/2012 successfully walk-in one week earlier without asking reason at New York Long Island City office
- 11/5/2012 started to work in a new firm
- 11/11/2012 EAD approved!!! AWESOME!
- 11/19/2012 EAD card delivered, one day ahead of my birthday!
- 1/11/2013 received txt and email about interview time
- 2/14/2013 interview - Got APPROVED on the spot!!
- 2/27/2013 USCIS online update - 485 decision!! we mailed you a notice that we had registered this customer's new permanent resident status :) Later, my 130 update too!!!
- 3/4/2013 Card Production!!

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

- 11/24/2014 I-751 package sent to USCIS Vermont Service Center to remove conditions

- 11/25/2014 package was delivered and signed by XXX

- 11/26/2014 check cashed @16:49 before thanksgiving!

- 12/17/2014 bio letter received, scheduled on Dec 30, 2014 11:00 AM

- 12/19/2014 early bio done in Long Island City Office!

Good Luck!!

Share this post


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Share on other sites
 
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