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Hduff

F-1 Student Visa- OPT to AOS via marriage to US Citizen- Few questions please!!!

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Hi there,

My name is Howard, I am applying for AOS and have some questions, I have searched the web and got mixed answers, I want to be sure before I send anything off. If anyone could be of assistance it would be greatly appreciated.

First and foremost let me explain my situation. I came to the United States from the United Kingdom on an F-1 Student Visa. I graduated last year, my student visa run out and I am now currently on an OPT which runs out July 15th. I got married April 1st to my wife who is a US citizen.

Questions are:

1. Do I have to have a K-1?

2. On the first page of my I-485, Part 2, which box do I check?

3. I cannot remember if my visa was issued in the US or back in the United Kingdom, how do I find out the consulate where my visa was issued?

Many Thanks

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1. Of course no. Follow the guide : http://www.visajourney.com/content/i130guide2

2. Appropriate for concurrent filing - you need to file both I-130 and I-485. You need check box a).

3. Visas are always issued in consular posts abroad. You can't get visa in US. Best way to find out where it was issued is to look at it...

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1. Do I have to have a K-1?

Do you mean should you have had a K-1 visa prior to marrying?

That probably would've been the best option. Now that you're married, though, a K-1 visa is not what you need to apply for, as this is only for unmarried people.


Met in person for the first time: April 23, 2011 in Docklands, London, UK
Engaged: October 29th, 2012 at the John Hancock Building in Chicago, US

Filed K-1 visa application: April 4, 2013
Received text/email notification: April 12, 2013
Received NOA1 in mail: April 17, 2013
Received NOA2 text/email: August 6th, 2013 (at 9:45pm!)

NVC received packet: August 30th, 2013

Beneficiary rcvd "Packet 3" instructions: September 13, 2013

Embassy rcvd completed "Packet 3": September 24, 2013

Police certificate rcvd: September 27, 2013

Medical Appointment: October 2, 2013

Medical Received at Embassy: October 17, 2013 (delay due to request for further info)

Embassy appointment/Visa Approved!!!: November 21st, 2013

VISA RECEIVED!!!: November 28th, 2013

Beneficiary Arrived!!!: December 5th, 2013

Married December 22nd, 2013

Filing to POE: 8 months, 1 day

Filed AoS application: April 5th, 2014

Received NOA1 in mail: April 11th, 2014 (no text/email)

Received NOA2 in mail: September 2nd, 2014 (still no text/email)

Separated: September 2015

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Thank you for your responses.

Also for my current USCIS status, do I put F-1 Student- Post- Completion OPT or Just Post- Completion OPT?

the answer : F1


AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

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Your F-1 status has not expired, even if the visa in your passport is. As long as you are on an approved period of OPT and complying with OPT requirements, you're still under F1 status. For AOS, even if you had fallen out of status, it wouldn't really matter as you would still be able to adjust status based on marriage to a US citizen.


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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Thats good news, thanks for the advice.

So does it matter if I put as my status, F-1 or F-1 OPT?!? I just want to be 100% sure.

Also, has anyone been in my position on an opt, married and applying AOS?? I need help walking me through the I-131 please

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Also, when sending the AOS package,

1. G-325a
2. I-864
3. I-485
4. I-765 (optional)
5. I-131 (optional)
6. G-1145 (optional)

Do I need to send in multiple copys of marriage liscense, passport photos, copys of passport, proof/evidence, etc... for each application??

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Yup....each form goes into different hand....good luck!

Also, when sending the AOS package,

1. G-325a
2. I-864
3. I-485
4. I-765 (optional)
5. I-131 (optional)
6. G-1145 (optional)

Do I need to send in multiple copys of marriage liscense, passport photos, copys of passport, proof/evidence, etc... for each application??

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Also, when sending the AOS package,

1. G-325a

2. I-864

3. I-485

4. I-765 (optional)

5. I-131 (optional)

6. G-1145 (optional)

Do I need to send in multiple copys of marriage liscense, passport photos, copys of passport, proof/evidence, etc... for each application??

You're missing I-693 filled by USCIS approved civil surgeon.

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Also, has anyone been in my position on an opt, married and applying AOS??

Yes, this is very common.

I need help walking me through the I-131 please

If you have any specific questions about it please ask

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