F1 Visa wanting to move to AOS - sincere apologies if this has been covered...

[deframer 0]

I did a fairly comprehensive search and couldn't find an answer, which means either my search skills or reading comprehension needs a look at.

So, I'm a student who has been in the US since 2012, on an F1 visa, and will be graduating soon in May of this year. I was also on exchange here in 2008 on the J1, which is actually when I met and started dating my SO. I entered the US a couple of times between 2008 and 2012, when I returned, to visit on the visa waiver program.

Now, I'd planned on returning to Australia upon completion of my studies because of work opportunities that presented themselves, contingent on my completed studies in the US. Said opportunities have rather spectacularly imploded, but another opportunity has reared its head on the US side of things. Also, I've decided to marry my girlfriend, because damnit she's a wonderful person, and if 6 years of a committed long distance relationship isn't indicative that I'd better go the distance and pop the question (plus, she's been dropping hints left, right and center), I don't know what is. She doesn't know yet. Please don't tell her.

It's kind of tricky because I know the F1 is a non-immigrant visa, vis-a-vis intent to immigrate. My having opportunities here in the US suddenly, being near the end of my student visa, being in a long distance relationship and coming back to the country in 2012 while in the relationship - I used to be a practicing lawyer, albeit in another field, and I know that all of those provide evidence against the a non-intent to immigrate. They literally have nothing but my word, and a work offer from my home country dated 2012, that I had no intent to immigrate.

This worries me, greatly, but there's nothing left for me in Melbourne now. Sometime in 2013, just before my work offer was rescinded, my parents moved to Singapore with my sister. All of that has made me change my mind to wanting to stay the US and set up my life here.

I don't know. This is as bona fide a relationship as I've seen, and I really didn't have an intent to stay here when I came here on the F1...but all outward evidence just seems too convenient and geared towards my staying that I'm very, very worried that I'll be in violation of something and barred from the country.

The second part of this question is - if I successfully apply for the AOS I understand that it cannot mutually exist with and F1 or OPT status. What, then, exactly is the bridging mechanism that would allow me to stay in the US until the greencard comes through, or would my only recourse be to leave the country? That would be fine, so long as such leave is temporary, but also less than ideal.

Any thoughts? :/ Sorry for the trouble. Also, apologies if this should be in another section - please move it there if that is the case!

Edited February 17, 2015 by deframer

[canadian_wife 1,831]

Marry and file for adjustment of status. If your EAD does not come in time, then apply for OPT, that way you can work until the rest of the papework comes through.

Travel once you have your AP travel document

good luck

[dhlunar 25]

First a moderator will more then likely move this to an AOS category.

I personally don't think there should be any issues. You are in an on-going relationship for the last 6 years. Don't worry about the immigrant-intent issue. That is more for people who use a non-immigrant visa to come to the US and adjust their status to Permanent Resident within a short time frame after arrival.

What you will need to do is if and when you get married is to apply for adjustment of status by filling a I-130 and I-485. PLEASE read the instructions for both of these forms very carefully since there is other forms and evidence that needs to be submitted with the forms in order to have you package accepted and/or not get a request for evidence later. If I recall one of the required evidence for one of the forms was a copy of your birth certificate, so if you don't have a copy you might want to start getting it now. You usually have to submit copies of the evidence (such as birth certificate and marriage certificate) when you apply and then show the originals (or certified copy) at the interview. I am sure

Also, when you file your I-130 and I-485 you can file an I-131 (Advance Parole) and I-765 (Application for Employment Authorization) at no additional charge. The advance parole allows you to leave the country while your application for Permanent Resident status is pending. Without advance parole if you leave the country you are abandoning your Permanent Resident application. The Employment Authorization allows you to work (anywhere and full or part time - unlike the F-1 visa that is mainly on-campus only and part time during the school year). However, just so you know you don't have Advance Parole or the Authorization to Work until they are approved (usually within 90 days after filling the applications).

Lastly, once you do submit your I-130 and I-485 application package and receive the receipt from USCIS, notify your International Student Services office at your school so they can update SEVIS. You can still go to school while all of your immigration benefit applications are pending.

[milimelo 4,817]

- Moving to AOS from student, work, tourist visa. -

[Leo7777 243]

Marry and file for adjustment of status. If your EAD does not come in time, then apply for OPT, that way you can work until the rest of the papework comes through.

Travel once you have your AP travel document

good luck

I don't think a person can be applying for OPT with an F-1 visa AFTER they have applied for AOS due to marriage.

[Leo7777 243]

deframer, look at the situation outlined in my timeline.

Here is the complete packet to file.

Immediate Relative (Spouse) Family Based Adjustment of Status Application I-485 with concurrent I-130, I-131 and I-765 Filing

Date

USCIS

Attn: FBAS

131 South Dearborn - 3rd Floor

Chicago, IL 60603-5517

Dear Sir/Madam:

Enclosed are the following forms and packets:

G-1145, e-Notification

I-130, Petition for Alien Relative, related forms and evidence

I-485, Application to Register Permanent Residence or Adjust Status, related forms and evidence

I-864, Affidavit of Support, related forms and evidence

I-131, Application for Travel Document, related forms and evidence

I-765, Application for Employment Authorization, related forms and evidence

Thank you very much for your help.

Sincerely,

(Petitioner) SS #

(Beneficiary) A-#

Address

Phone

= = = = = = = =

I-130 Petition for Alien Relative

Petitioner: Name

Beneficiary: Name (A-#), spouse of US Citizen (name)

Packet includes:

Check for $420 (Filling fee for I-130)

This cover letter of the contents

Form I-130, Petition for Alien Relative

Form G-325A, Biographic Information for US Citizen Petitioner

Passport style Photograph for US Citizen (Placed in a plastic bag, attached to a paper)

Copy of US Citizens Passport Biographic page

Copy of US Citizens Birth Certificate

Form G-325A, Biographic Information for Immigrant Spouse

Passport style Photograph for Immigrant Spouse (Placed in a plastic bag, attached to a paper)

Copy of immigrants Passport Biographical page

Copy of Immigrants Birth Certificate

Translation of Immigrants Birth Certificate

Copy of marriage certificate

Copy of US Citizen divorce paper or death certificate of spouse

Copy of Immigrants divorce certificate or death certificate of spouse

Translation of Immigrants divorce certificate or death certificate of spouse

Evidences of Bonafide Marriage

Joint Bank Account at XXXX Bank

Joint Ownership of XXXX vehicle

Joint Ownership of XXXX vehicle

Beneficiary of Retirement Plan

Will of Petitioner

Will of Beneficiary

Medical Power of Attorney of Petitioner

Medical Power of Attorney of Beneficiary

Marriage Notice in local newspaper

Statement about lack of mortgage or lease

Pictures

= = = = = = = = =

I-485 Application to Adjust Status

Applicant: (name) (A-#),

spouse of US Citizen (name)

Packet includes:

Check for $1,070 (Filling fee for I-485)

This cover letter of the contents

Form I-485, Application

Form G-325A, Biographic Information for Applicant

Two Passport style Photographs for Applicant (Placed in a plastic bag, attached to a paper)

Copy of Applicants Birth Certificate

Translation of Applicants Birth Certificate

Copy of Applicants Passport Biographical page

Copy of Applicants Visa to USA page and entry stamp

Copy of I-94 for last entry into USA

Statement regarding Applicants F-1 visa activities

Copy of Applicants I-20

Copy of Applicants Grades in Intensive English Program for Fall 2011

Copy of Applicants Grades in Intensive English Program for Spring 2012

Copy of Applicants Honor Certificate for Highest TOEFL score

Copy of Applicants University Transcript and awarding of Masters Degree

Form I-864 Affidavit of Support

Copy of US Citizens Passport Biographic page

Federal Tax Return for 2014

1099s for 2014

W-2 for 2014

Federal Tax Transcript for 2013

Federal Tax Transcript for 2012

Statement regarding income for 2015

Sponsors income for 2015

Applicants income for 2015

Form I-693 Report of Medical Exam and Vaccination Record

= = = = = = = = = =

I-131 Application for Travel Document

Applicant: (name) (A-#),

spouse of US Citizen (name)

Packet includes:

This cover letter of the contents

Form I-131

Copy of Applicants Passport Biographical page

Copy of I-94 for last entry into USA

Two Passport style Photographs for Applicant (Placed in a plastic bag, attached to a paper)

= = = = = = = = = =

I-765 Application for Employment Authorization

Applicant: (name) (A-#),

spouse of US Citizen (name)

Packet includes:

This cover letter of the contents

Form I-765

Copy of I-94 for last entry into USA

Copy of front and back of existing EAD

Two Passport style Photographs for Applicant (Placed in a plastic bag, attached to a paper)

= = = = = = = = = =

Form I-130 Attachment

Evidences of Bonafide Marriage

Statement concerning rent, lease and mortgage

The home we live in, (address), is owned free and clear.

Thus there are no rent receipts, lease agreements, nor mortgage documents.

Signed Date:

Signed Date:

= = = = = = = = = = =

Form I-485 Attachment

Applicant: (name) (A-#)

spouse of US Citizen (name)

Statement regarding Applicants F-1 visa activities

I did not apply for an F-1 visa merely for the purpose of gaining admittance to the USA. I applied for the F-1 visa to come to USA to complete an Intensive English Program and then to complete a masters program in math at XXXX University.

Bla, bla, bla

Signed Date:

= = = = = = = = = = =

Form I-864 Attachment

Part 6, Item 5

2015 Income from ZZZZ $XXXXX

2015 Anticipated income from YYYY $XXXXX

------

Total $XXXXX

The income from ZZZZ alone is sufficient to meet the required $19,662

for two persons.

Attached is the letter concerning ZZZZ income for 2015.

Part 6, Item 6.c

This is the amount applicant (name) will be paid by XXXX University for the Spring Semester of 2015 as part-time temporary employment under the OPT program for F-1 visa holders.

We are making no claim that this employment will continue and, in fact, upon receipt of a new less restrictive EAD card, XXXX can seek more permanent, higher paying employment.

Attached is a statement from XXXX University Payroll office showing the amount of applicants (name) pay for 2015.

Signed Date:

Signed Date:

[canadian_wife 1,831]

I don't think a person can be applying for OPT with an F-1 visa AFTER they have applied for AOS due to marriage.

Then apply before - simply done

good luck

[Hypnos 6,579]

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Once you have filed an I-485 then you remain in legal status until it is adjudicated by USCIS, however long that takes. Apply for an EAD and AP at the same time (there is no charge) and you can both work and travel overseas during the time your application is pending.

Given the facts as you have outlined them I doubt you will have any issues.

[Leo7777 243]

Marry and file for adjustment of status. If your EAD does not come in time, then apply for OPT, that way you can work until the rest of the papework comes through.

Travel once you have your AP travel document

good luck

An OPT application takes as much time to be processed and issued an EAD as does the EAD from AOS.

And, the EAD associated with OPT is much more restrictive than the EAD which comes via AOS.

[canadian_wife 1,831]

Agreed, However, the OP has the luxury of applying for OPT now since he graduates in May.

But yes, it is more restrictive but is much preferable to unemployment.

good luck