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ireneannnn

OPT expires soon, planning to apply for AOS

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

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ireneannnn Newbie

ireneannnn   0

Posted
Filed: F-1 Visa Timeline
Posted

Hello, Hi, I'm new to this process and just looking for some assistance.


My OPT will expire on Aug 31st and I and my fiance will apply for AOS in August.



My question is that am I going to be okay to stay in USA even after my OPT expired if I apply for AOS BEFORE my OPT expires?



My other question is since my OPT expires soon so my fiance and I are going to sign a marriage licence first without marriage ceremony to apply for AOS(I am planning to have marriage ceremony in my home country after I get green card). We've been dating about 2 years now and will live together as soon as we sign the marriage licence. Does marriage ceremony really necessary to prove Bona Fide marriage?



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Boiler Grand Master

Boiler   43,564

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
My question is that am I going to be okay to stay in USA even after my OPT expired if I apply for AOS BEFORE my OPT expires?

Yes

My other question is since my OPT expires soon so my fiance and I are going to sign a marriage licence first without marriage ceremony to apply for AOS(I am planning to have marriage ceremony in my home country after I get green card). We've been dating about 2 years now and will live together as soon as we sign the marriage licence. Does marriage ceremony really necessary to prove Bona Fide marriage?

Getting a marriage license is part of the process, you still need to get married.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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lamia227 Rookie

lamia227   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

Hello, Hi, I'm new to this process and just looking for some assistance.

My OPT will expire on Aug 31st and I and my fiance will apply for AOS in August.

My question is that am I going to be okay to stay in USA even after my OPT expired if I apply for AOS BEFORE my OPT expires?

My other question is since my OPT expires soon so my fiance and I are going to sign a marriage licence first without marriage ceremony to apply for AOS(I am planning to have marriage ceremony in my home country after I get green card). We've been dating about 2 years now and will live together as soon as we sign the marriage licence. Does marriage ceremony really necessary to prove Bona Fide marriage?

Answer to question 1: yes, you will be allowed to stay. As soon as USCIS receive your application your status change to AOS (adjustment of status) so that even after your OPT expires, you are legally allowed to stay until a decision is made on your application.

Answer to question 2: I assume you mean you will apply for the marriage license and then get married in the courthouse so you can get your marriage certificate, and then you will have the ceremony (celebration) in your home country right? If so, yes, you can do that. The wedding at the courthouse will count as a real wedding, some people do that even if they don't have to worry about visa issues, it's just a lot simpler and cheaper. Your wedding ceremony back at home will just be that, a ceremony, to celebrate with your family/friends, it's not going to be a legal wedding, you can't get married twice.

As for the evidence of bona fide marriage, you can ask a friend to snap a few pictures at the courthouse wedding just to show it (and to have witnesses). But USCIS mostly just wants to see your marriage certificate, so make sure you get several copies. Other evidence such as joint bank account, joint insurance, any co-mingling of finances, photographs of relationship (vacation photos, family photos...) will also help to prove bona fide marriage.

+++++++++++++++++++++++++++++++ AOS Timeline +++++++++++++++++++++++++++++++++++

03/13/2015: Filed AOS package (I-130, I-485, I-765, I-131) via USPS priority mail to Chicago Lockbox

03/17/2015 (Day 0): USPS shows delivered

03/24/2015 (Day 7): Received electronic NOAs for all forms (I-130, I-485, I-765, I-131)

03/31/2015 (Day 14): Received hardcopy NOAs for all forms (I-130, I-485, I-765, I-131)

04/03/2015 (Day 17): Received biometrics appointment letter scheduled for 04/15/2015

04/15/2015 (Day 29): Biometrics done

06/03/2015 (Day 77): called USCIS to open up a case inquiry, case was not assigned anyone.

06/05/2015 (Day 79): received email confirmation of case inquiry. Case assigned to officer, standard reply that the case is under review, blah blah.

06/11/2015 (Day 85): apparently NOA is issued on this day, EAD/AP approved the day before, see next line.

06/16/2015 (Day 90): received hardcopy NOA in mailbox, EAD/AP approved. No updates electronically.

06/19/2015 (Day 93): EAD/AP combo card received in mail! Online status suddenly changed to card delivered.

07/13/2015 (Day 117): received electronic NOA for I-485, interview scheduled for August 13th!

08/13/2015 (Day 147): interview! I think we are approved?

08/29/2015 (Day 163): e-notification that card is being produced!

08/31/2015 (Day 165): I-130 approved, welcome notice mailed.

09/03/2015 (Day 168): Card mailed.

09/08/2015 (Day 173): Received green card!

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