Mailed I-485 / Married / EAD Expiring / ETC

[morgonzo 0]

Mailed I-485 / Married / EAD Expiring / ETC

*Left while in F-1 while married / returned with I-20

Ok, that basically summarizes our situation. I've posted several times in regards to the above the difference now is that we've mailed out the AOS packet. Sooooo, in a nutshell: I'm a US citizen, she's a French ex-pat, she came here in F-1 status for her MBA, we met after her first semester here, fell in love (aww), got married (while in F-1), she returned to France with a signed I-20 for re-entry, came back, applied for EAD via OPT, has been working since March 2012 upon receiving her EAD, EAD expires in Jan, AOS packet mailed today... Concerns: Tax return says "single" whilst we were married (has since been amended for "Married filing jointly" but we haven't received the update yet), and her leaving and returning(we met after she initially got here, and have extensive proof/pics/docs/etc). Can someone please analyze this and tell me to calm down and just be patient :)? Thanks guys!! You're the best!!

-Morgan

NOTE*** the signed I-20 was based upon her returning to finish her studies, graduate, and participate in the OPT program with her EAD

[didopage 337]

So, her AOS is based on being married to you? Have you submit a I-130 too? http://www.visajourney.com/content/i130guide2

Did she also apply to renew her EAD? Because the AOS process may take a long time.

[morgonzo 0]

So, her AOS is based on being married to you? Have you submit a I-130 too? http://www.visajourney.com/content/i130guide2

Did she also apply to renew her EAD? Because the AOS process may take a long time.

Yes, yes and yes

[didopage 337]

So: calm down and be VERY patient.

Did she apply for AP also? And your wife should not leave the US until she has her AP or green card in hand now.

[morgonzo 0]

So: calm down and be VERY patient.

Did she apply for AP also? And your wife should not leave the US until she has her AP or green card in hand now.

Yup yup - thanks! I guess I'm still concerned that because she left and returned after we were married (while still in F-1 status and with a valid 1-20 in hand for reentry) they will count that as intending to immigrate...

[Harpa Timsah 13,258]

Yup yup - thanks! I guess I'm still concerned that because she left and returned after we were married (while still in F-1 status and with a valid 1-20 in hand for reentry) they will count that as intending to immigrate...

Intent, by itself, is not a big enough of a negative factor to deny AOS. However, in getting the new paperwork, were there any questions about her marital status, and what did she say?

Why did your taxes say single?

[morgonzo 0]

Intent, by itself, is not a big enough of a negative factor to deny AOS. However, in getting the new paperwork, were there any questions about her marital status, and what did she say?

Why did your taxes say single?

I filed as single because I had read on here that I should... clearly incorrect. I have since refiled an amended form for Married Filing Jointly - but when I went to get a transcript to send along with the packet, they gave me the original - so I guess they haven't updated their records fully? And yea, she check "married" on her EAD application form.