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millionsuh

F-1 student married to U.S. citizen

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

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millionsuh Newbie

millionsuh   0

Posted
Filed: Timeline
Posted

Hi everyone. I have a question for you guys.

I have a student visa and got married to my wife( U.S. citizen) while my OPT was still active. Currently, I am residing in the US under grace peroid since my OPT is expired( worked as a RN).

My question is

1. Do I have to go back to my country to process my immigration?

2. If I don't have to go back, should I go to school again as a full time student?

3. Just wait in U.S. without working or studying until I get my Green card?

Thank you in advance

Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from AOS from Family Based Visas forum to AOS from Work, Student, & Tourist Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

sparkling Contributor

sparkling   0

Posted
Filed: Timeline
Posted

You have options!

1) Mail and process your paperwork NOW, while you are in good standing. Don't leave the country until AP or AOS is completed.

2) Go to your home country and process the paperwork.

USC and spouse went through AOS from F1

Now, removing conditions on permanent resident status.

newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

Hi everyone. I have a question for you guys.

I have a student visa and got married to my wife( U.S. citizen) while my OPT was still active. Currently, I am residing in the US under grace peroid since my OPT is expired( worked as a RN).

My question is

1. Do I have to go back to my country to process my immigration?

2. If I don't have to go back, should I go to school again as a full time student?

3. Just wait in U.S. without working or studying until I get my Green card?

Thank you in advance

It makes absolutely no sense to go back to your country and do consular processing. It takes much longer and you have to be separated from your wife.

You are here in the U.S. and married and you entered legally. So you should stay and do AOS here.

As an immediate relative of a U.S. citizen, you do not have to be in status to adjust status. So don't bother with registering for another school or anything like that. Just get all the materials ASAP, and file when you're ready, regardless of whether you'll be in status or not.

So the answers to your questions are:

1. No

2. No

3. Yes. (I am not sure by this question whether you want to work/study or not. Once your I-485 is pending, you can stay in the U.S. legally, so you don't need to work or study to stay here. On the other hand, you can still study if you want. But if you want to work, you will have to wait until you get your EAD or green card. You should be able to get the EAD within 3 months.)

millionsuh Newbie

millionsuh   0

Posted
Filed: Timeline
  • Author
Posted

Thank you so much. ^^

My another question would be for I-130

I-130 19 and 20

What does question 19 asking? Ever since I moved to this country in 2007, I never moved out.

Someone says if I live in U.S. then I don't need to fill out 19 and 20. Is that true?

Or are 19 and 20 asking about address on my personal record card of my country?

samyuksel Rookie

samyuksel   0

Posted
Filed: IR-2 Country: Turkey
 Timeline
Posted

I am a permanent resident , and trying to file for my wife who has same situation with you . Basicially, we are in same boat .

I-130 and I-485 have to be sent together ? The reason I am asking for , my financial situation is not enough to cover sponsorship's responsibilities and I am having trouble to find a sponsor , what should I DO ??

THANKS.

SBB Enthusiast

SBB   74

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

I am a permanent resident , and trying to file for my wife who has same situation with you . Basicially, we are in same boat .

I-130 and I-485 have to be sent together ? The reason I am asking for , my financial situation is not enough to cover sponsorship's responsibilities and I am having trouble to find a sponsor , what should I DO ??

THANKS.

As a permanent resident, it's a bit more complicated for you. I assume that your wife is already in the US? Even though F2A appears to be current, I don't know if you can send the I-130 and I-485 simultaneously.

07/14/2012: Eloped in Texas Hill Country
08/11/2012: Mailed I-130, I-485, and I-765 to Chicago Lockbox
08/13/2012: Package received by Chicago Lockbox
08/14/2012: Priority Date
08/17/2012: Notice of receipt sent
08/21/2012: Biometrics appointment notice sent
08/27/2012: Walk-in biometrics completed
09/19/2012: Interview scheduled for October 26
10/24/2012: EAD production ordered
10/26/2012: Interview in San Antonio. AOS approved!
11/5/2012: USCIS claims green card delivered, nothing in mailbox.
12/5/2012: Service request filed for non-delivered green card.
12/7/2012: Service request replied to (but not delivered).
1/4/2013: Filed I-90, paid another $450
1/24/2013: Biometrics again...
4/1/2013: First Green Card from November finally arrived...

4/22/2013: Replacement Green Card arrived.

8/9/2014: Filed I-751

8/14/2014: Received NOA for I-751

3/12/2015: ROC Approved!

7/18/2016: Sent in N-400 to Texas lockbox

7/21/2016: N-400 delivered

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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