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canuck-in-chitown

Entering on F1 for studies and later file for AOS?

By canuck-in-chitown in Adjustment of Status from Work, Student, & Tourist Visas

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canuck-in-chitown Contributor

canuck-in-chitown   2

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

I would really appreciate help with a question that seems a bit subjective.

I married a USC in 2008. I came to the US on an F1 visa in 2009 and have been working towards my degree. As I Canadian I have returned to Canada several times since then, each time re-entering the US as an F1 student and continuing my studies. I plan to visit my family in Canada again very soon, but at this point my wife and I want to file for an AOS. If I leave the US now, even though I would return and continue with my studies, would I have committed visa fraud just because we are intending to file for AOS soon?

I do not feel that I am violating my F1 visa because I plan to finish my studies and to leave when it is up, unless I have filed for an AOS, which we have not yet done. Am I overthinking this? I may be a bit paranoid, but I do not want to do anything stupid or illegal.

Please let me know your serious thoughts on my situation, my wife, myself and my unborn child would really appreciate it!

sincerely,

canuck-in-chitown

AOS

07/01/2013 Sent I-485/I-130/II-765/I-131 USPS Priority certified mail to USCIS Chicago Lockbox

Day 1: 07/03/2013 USPS package delivery receipt online

Day 9: 07/11/2103 Received NOA1 texts and email confirmations from G-1145 AOS package cover page

Day 10: 07/12/2013 Received I-797C hardcopy NOA1's in the mail for all forms submitted

Day 14: 07/16/2013 Received Biometrics appt. Notice for 08/01/2013 appointment

Day 30: 08/01/2013 Biometrics completed

Day 36: 08/07/2013 Received text and email alerts that I-485 has been updated to testing and interview. Awaiting hard copy appointment notice.

Day 63: 09/03/2013 Received text and email alerts that I-765 (EAD) is in card production, and that I-131 has been approved and a letter mailed to that extent

Day 66: 09/06/2013 Received 2nd text and email alerts for I-765 card production (a duplicate of the first?)

Day 69: 09/09/2013 Received 3rd text and email alerts for I-765 card production: card in the mail (no tracking number given)

Day 71: 09/11/2013 Received USPS delivered envelope with EAD combo card also serves as "I-512 Advance Parole" in the mail.

Trust in the Lord with all your heart
and lean not upon your own understanding;
in all your ways acknowledge him,
and he will make your paths straight. Pr.3:5-6

mymarriagejourney Community Regular

mymarriagejourney   113

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted

Once you file for AOS, you cannot leave the US until you have your green card or until you receive a temporary travel document.

I would really appreciate help with a question that seems a bit subjective.

I married a USC in 2008. I came to the US on an F1 visa in 2009 and have been working towards my degree. As I Canadian I have returned to Canada several times since then, each time re-entering the US as an F1 student and continuing my studies. I plan to visit my family in Canada again very soon, but at this point my wife and I want to file for an AOS. If I leave the US now, even though I would return and continue with my studies, would I have committed visa fraud just because we are intending to file for AOS soon?

I do not feel that I am violating my F1 visa because I plan to finish my studies and to leave when it is up, unless I have filed for an AOS, which we have not yet done. Am I overthinking this? I may be a bit paranoid, but I do not want to do anything stupid or illegal.

Please let me know your serious thoughts on my situation, my wife, myself and my unborn child would really appreciate it!

sincerely,

canuck-in-chitown

07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

seth2013 Collaborator

seth2013   39

Posted
Filed: Citizen (pnd) Country: Japan
 Timeline
Posted

If you leave and enter again on F-1, intending to adjust your status, yes, that is illegal. I would just file now, since you only just decided to, and submit the I-131 for a travel document. They don't usually take long to issue and then you can head back to Canada whenever you feel like and re-enter no problems.

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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