Change of status: F-1 student marrying a USC

[ZeeQ 9]

Hi,

I'm currently on my F-1 visa in the USA and will be graduating in May 2015 which means that my 90 day grace period ends around mid August 2015. My Fiance is a USC and we plan on having a court marriage in December 2014 and filing all the papers (I-130 and I-485 packages) as soon as we get done with the court marriage. I however have a few questions:

-I already got all my medical records (vaccinations etc) before I came to the states on my F-1 visa in July 2013. Will I still have to get all my medical records checked again to fill out the I-693 Medical Record form since my medical records are now more than a year old? If yes, what's the best possible and most economical way for me to get the same done since I do have a basic medical insurance plan that I'm charged for with my university enrollment. Also, what all tests should I get done?

-I will be graduating from Texas A&M University in May 2015 and my Fiance lives in Chicago which means that I'll be filing all my papers after marriage with my Chicago address even though I'll be studying in Texas for 4-5 months after filing all the papers. Is that going to be an issue since I'll be living in Texas but I'll probably be traveling back and forth to Chicago for my biometrics etc?

-I have a 7 month window between my court marriage and the time till which I'm legally allowed to stay in the USA on my F-1 visa after I graduate, does that give me sufficient amount of time for my GC to be approved before I lose my F-1 status around August 2015?

Any help would be greatly appreciated

[ZeeQ 9]

Thank you so much for the clarifications. I have one more question though. How much time before submitting my documents is it okay for me to get my medical form filled and sealed by the civil surgeon. For eg if I want to file my papers in December then is it okay if I get the medical examination done around October? Or is there a timeline in which I should get the medical examination done?

[fullglass 5]

Hi,

I'm currently on my F-1 visa in the USA and will be graduating in May 2015 which means that my 90 day grace period ends around mid August 2015. My Fiance is a USC and we plan on having a court marriage in December 2014 and filing all the papers (I-130 and I-485 packages) as soon as we get done with the court marriage. I however have a few questions:

-I already got all my medical records (vaccinations etc) before I came to the states on my F-1 visa in July 2013. Will I still have to get all my medical records checked again to fill out the I-693 Medical Record form since my medical records are now more than a year old? If yes, what's the best possible and most economical way for me to get the same done since I do have a basic medical insurance plan that I'm charged for with my university enrollment. Also, what all tests should I get done?

-I will be graduating from Texas A&M University in May 2015 and my Fiance lives in Chicago which means that I'll be filing all my papers after marriage with my Chicago address even though I'll be studying in Texas for 4-5 months after filing all the papers. Is that going to be an issue since I'll be living in Texas but I'll probably be traveling back and forth to Chicago for my biometrics etc?

-I have a 7 month window between my court marriage and the time till which I'm legally allowed to stay in the USA on my F-1 visa after I graduate, does that give me sufficient amount of time for my GC to be approved before I lose my F-1 status around August 2015?

Any help would be greatly appreciated

Even if you are up to date on your vaccinations, you still need to submit a SEALED medical examination along with your AOS packet, meaning you will still need to see a civil surgeon and you can provide them with documentation that you already recevied the vaccinations. Typically, health insurance will not cover this, but that depends on your carrier. Also, it's hard to say what tests need to be done, as that will depend on the series of questions they ask you (i.e. age, gender, country of origin, etc.).

-I would put the address that reflects the truth.

-Once you submit your AOS packet, you will be in pending status, meaning you will be allowed to stay in the US legally until USCIS makes a decision. The amount of time needed for USCIS to process your packet depends on how many cases there are before yours.

[fullglass 5]

Thank you so much for the clarifications. I have one more question though. How much time before submitting my documents is it okay for me to get my medical form filled and sealed by the civil surgeon. For eg if I want to file my papers in December then is it okay if I get the medical examination done around October? Or is there a timeline in which I should get the medical examination done?

According to the civil surgeon, the examination you get from them is valid for 1 year. So if you got your vaccinations in October and sent off your packet in December the same year, it would be okay. When submitting the Form I485, in the instructions, it states to send other forms with it (i.e. I864, I693, etc.), so you would have to get the vaccinations prior to sending off your AOS packet anyway.

[fullglass 5]

Each case is unique. In any case, the moment USCIS has it on their records that you're adjusting your status, your F1 will get terminated. That's the whole point of "adjusting status" so you can adjust from your previously held non-immigrant F1 to an immigrant U.S. permanent resident. Nothing will happen to you while you're awaiting your permanent resident status but you would need to inform your school that you're attempting to adjust your status AND don't travel internationally until you at least get the EAD card in your hands.

Okay, some incorrect information here.

Once you send off your AOS packet, USCIS will NOT terminate F1 Student Status. They will void the F1 Status IF your AOS is APPROVED. This is why some F1 Students choose to still maintain their F1 status, in case their AOS gets denied and they still have their F1 status to fall back on. Applying for AOS and AOS Approved are two different things.

Also, EAD is NOT the document that will allow you to travel, as the EAD is only an EMPLOYMENT AUTHORIZATION DOCUMENT. If this person wanted to travel, s/he would also have to apply for Advance Parole (Form I131).

Edited August 26, 2014 by fullglass

[AnotherLostSoul 167]

OP: Fullglass is correct! You can either ask your international office to terminate your status. That means, no need to worry about international tuition fees etc. The downside if your AOS fails for some reason, you have to pack up and go back home. If you choose to maintain your F1 status during your AOS (and I personally recommend this) they will not terminate your SEVIS record. Downside is that you are going to be still international student with its feels and other restrictions, but the good side, in case your AOS fails, you can remain in the US and finish your studies, even if you had two years left (which I know you don't...just generally speaking here). And as Fullglass said, EAD is for you to be able to work off-campus anywhere you want. For traveling you need AP, or as Fullglass mentioned I-131. Good luck! And thanks "fullglass" for the correction!

Okay, some incorrect information here.

Once you send off your AOS packet, USCIS will NOT terminate F1 Student Status. They will void the F1 Status IF your AOS is APPROVED. This is why some F1 Students choose to still maintain their F1 status, in case their AOS gets denied and they still have their F1 status to fall back on. Applying for AOS and AOS Approved are two different things.

Also, EAD is NOT the document that will allow you to travel, as the EAD is only an EMPLOYMENT AUTHORIZATION DOCUMENT. If this person wanted to travel, s/he would also have to apply for Advance Parole (Form I131).

[ZeeQ 9]

Thanks a lot all you guys. I have one more question though. My fiance lives in Chicago and obviously I'll move to Chicago when my Degree ends which is going to be around 7-8 months after my court marriage. When I cam here I was an international student and now all my documents (state id, SSN, credit cards etc) show my address as College Station, Texas and not Chicago because I did all these things before I met him. I'm confused about what address to put for myself while filling out all the forms because technically I'll be married and the Chicago house will be my residence then, it's just that I'll be studying in Texas. Issue with putting Chicago as my address is that when they pull up my records in their system it'll show my address as the one in College Station.

I can definitely get a Chicago State ID made and that way at least my records with show my State ID as for Illinois. On the other hand I can show my address as the one in Texas too on all of my forms, the only thing that'll happen that way is that my Fiance will have to travel to Texas for whenever our interview is scheduled and we prefer me traveling to Chicago instead of the other way around.

If you guys can guide me on what the correct way to handle this situation will be then it'll be great!

[ZeeQ 9]

Thanks a lot all you guys. I have one more question though. My fiance lives in Chicago and obviously I'll move to Chicago when my Degree ends which is going to be around 7-8 months after my court marriage. When I cam here I was an international student and now all my documents (state id, SSN, credit cards etc) show my address as College Station, Texas and not Chicago because I did all these things before I met him. I'm confused about what address to put for myself while filling out all the forms because technically I'll be married and the Chicago house will be my residence then, it's just that I'll be studying in Texas. Issue with putting Chicago as my address is that when they pull up my records in their system it'll show my address as the one in College Station.

I can definitely get a Chicago State ID made and that way at least my records with show my State ID as for Illinois. On the other hand I can show my address as the one in Texas too on all of my forms, the only thing that'll happen that way is that my Fiance will have to travel to Texas for whenever our interview is scheduled and we prefer me traveling to Chicago instead of the other way around.

If you guys can guide me on what the correct way to handle this situation will be then it'll be great!

[kehills 217]

Fullglass and AnotherLostSoul, I stand corrected on the AOS issue.

Again, feel free to correct me if I'm wrong but I mentioned about the EAD card because I believe that USCIS now issues one "combo" card for both employment and advance parole with the notation "Serves as I-512 Advance Parole" on the bottom of the EAD card . I also believe that you can apply for travel authorization alone, in which case you'd get a notice/letter instead of a card. But who applies for travel authorization and bypasses employment authorization?

I forgot to mention in my initial post that even the EAD card is not meant for "leisure" travel. To the OP, you'd need a valid purpose in order to travel internationally with an EAD card. Here's all the info you need on the travel authorization: http://www.uscis.gov/i-131.

You still have to file both forms. If you don't file both forms, you get whichever one you filed for, not both. ...which is why there are two forms.

[CdnRN 40]

Thanks a lot all you guys. I have one more question though. My fiance lives in Chicago and obviously I'll move to Chicago when my Degree ends which is going to be around 7-8 months after my court marriage. When I cam here I was an international student and now all my documents (state id, SSN, credit cards etc) show my address as College Station, Texas and not Chicago because I did all these things before I met him. I'm confused about what address to put for myself while filling out all the forms because technically I'll be married and the Chicago house will be my residence then, it's just that I'll be studying in Texas. Issue with putting Chicago as my address is that when they pull up my records in their system it'll show my address as the one in College Station.

I can definitely get a Chicago State ID made and that way at least my records with show my State ID as for Illinois. On the other hand I can show my address as the one in Texas too on all of my forms, the only thing that'll happen that way is that my Fiance will have to travel to Texas for whenever our interview is scheduled and we prefer me traveling to Chicago instead of the other way around.

If you guys can guide me on what the correct way to handle this situation will be then it'll be great!

Others with more experience can comment also, but you must keep your address current with USCIS until you become a citizen. So I would use your Texas address, and change it to Chicago once you are done school. You can include an addendum to explain the temporary separation.

[lumia 1]

All your statements on I-693 are wrong. I posted this news several months ago and it seemed nobody is reading it... I-693 need not to be submitted with I-485 now; it's now only required when USCIS asked for it (by RfE) or at the latest at the time of interview. While now AoS will rarely take longer than 12 months, but the new policy is that the I-693 should be less than one year old at time of adjudication.

[Nga&John 12]

All your statements on I-693 are wrong. I posted this news several months ago and it seemed nobody is reading it... I-693 need not to be submitted with I-485 now; it's now only required when USCIS asked for it (by RfE) or at the latest at the time of interview. While now AoS will rarely take longer than 12 months, but the new policy is that the I-693 should be less than one year old at time of adjudication.

Sorry but you are the wrong one, the article you quoted mean they don't accept I-693s which are older than a year. They don't say anything about not submitting I-693 with I-485, please read I-485 instruction again, I-693 is one of most essential ones. No one read your post because it is not accurate.

[CdnRN 40]

Sorry but you are the wrong one, the article you quoted mean they don't accept I-693s which are older than a year. They don't say anything about not submitting I-693 with I-485, please read I-485 instruction again, I-693 is one of most essential ones. No one read your post because it is not accurate.

Actually Lumia is correct, as of June 1st they have changed things. The policy manual now says:

"Timing of the Submission of​ the Medical Examination Report​

​

The medical examination report may be submitted to USCIS:​

​

Concurrently with the immigration benefit application; or​

​

At any time after filing the immigration benefit application but prior to the adjudication of that application; if not filed concurrently with the immigration benefit application, USCIS encourages applicants to wait until USCIS requests the medical examination report before submitting it.​ [28]

​

"

I copied and pasted the above from:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html

That being said I personally would still submit it all at once, the chances of this taking a year seem slim and if necessary i will redo the medical. I'd rather not risk any RFEs...

[NancyNguyen 1,657]

Actually Lumia is correct, as of June 1st they have changed things. The policy manual now says:

"Timing of the Submission of​ the Medical Examination Report​

​

The medical examination report may be submitted to USCIS:​

​

Concurrently with the immigration benefit application; or​

​

At any time after filing the immigration benefit application but prior to the adjudication of that application; if not filed concurrently with the immigration benefit application, USCIS encourages applicants to wait until USCIS requests the medical examination report before submitting it.​ [28]

​

"

I copied and pasted the above from:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html

That being said I personally would still submit it all at once, the chances of this taking a year seem slim and if necessary i will redo the medical. I'd rather not risk any RFEs...

Please don't just google and spread these above information to confuse others. That policy manual is for USCIS employees, it is not for applicants to follow. Applicants is to follow forms instruction. They even returned whole package with missing I-693, not just RFE for it. I-485 is main form, and it clearly states I-693 is initial evidence.

By the way, the text above should be understood IF applicants didn't send in I-693 with I-485, DON'T send IT seperately because USCIS will not know it is for what. Instead, Applicants should WAIT for RFE from USCIS to submit it.

Edited September 8, 2014 by NancyNguyen

[CdnRN 40]

NancyNguyen - I am rather offended by your post. I will always go to the USCIS website and research the latest information and will consider the latest updates as I proceed with my case. While I value the input of each person here, and have, and plan to continue to, ask questions as they come up, I am an intelligent professional with the research skills to verify or refute what is provided here. VJ is a wonderful place that has proven itself very valuable in my journey this far, but let's be realistic, you are all internet strangers and I have no way of truly knowing how accurate your advice is. So I have, and plan to, ask questions, and then continue my own research to verify the advice I've received. I don't follow internet strangers blindly nor do I expect others to do so also. Thus I will provide references if my advice is anything other than relaying my personal experiences (which again, I'm an internet stranger so take it with a grain of salt). The strongest weight of evidence for me comes from the source - USCIS.

As I said in my post "That being said I personally would still submit it all at once, the chances of this taking a year seem slim and if necessary i will redo the medical. I'd rather not risk any RFEs...". Perhaps I should have been more blunt to ensure everyone got that I was not advising that the poster wait.

I did however want to make it clear that there is information on the USCIS' website to support what Lumia was saying, even if I wouldn't proceed as s/he was suggesting.

While that policy manual information is not in the instructions at present, it is publicly available and was provided in the recent policy update.

Again, I'm not advocating withholding the medical, I am advocating each person should read and review for themselves and make their own decision.