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AOS Help

By WindowLove in Student & Exchange Visitor Visas

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WindowLove Explorer

WindowLove   1

Posted
Filed: Country: Canada
 Timeline
Posted (edited)

Hi,

My F1 Visa technically ends on Jan. 14. Me and my boyfriend are getting married on Friday. Would I still be able to apply for AOS and actually have a chance at getting approved or should we get married and then I go back to Canada and he petitions for me after. We are both students, he is in his last semester of university and then he'd be entering the software engineering companies... Would it be better for us to not get married at all or get married and petition after or get married and file for AOS? At the time he also has no income because he is a student, and we are aware that we need a co-signer. What do you guys suggest would be the best option? We have the AOS paperwork ready and filed as well as the actual medical exam, all we have to do is send it out. What do we do?

Edited by WindowLove
nightingalejules Proficient

nightingalejules   678

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

Check with the k1 visa forums, but doesn't the clock kind of restart after you marry? You had 90 days to marry, which you're doing. Then you start the AOS process. Don't leave the USA, though, or else you'd have to start all over, and the spousal visas take MUCH longer!

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

Luthien Rookie

Luthien   9

Posted
Filed: Timeline
Posted

OP, I'm by no means expert on the matter, but here are my 2 cents:

1. You marry, don't leave and file for AOS. This is the path I'm not 100% sure about - usually you'll have to prove that you did not enter the States with immigration intent and meeting/falling in love/engagement happened while there. I don't know if student visas have any special restrictions against adjusting status so you will need more researching. However, this will be the fastest way - if there's no problem with AOS, I would do that.

2. Marry, leave and then your spouse files for you - I'd say it's better than going the fiancé route since it doesn't take that much longer but when you enter the USA you won't have to do AOS.

3. Leave and apply for the fiancé visa - will probably be a bit faster than the spouse visa, but then you'll have to adjust status.

Best of luck.

 
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