Which Visa to send for AOS? Expired F1 on OPT

[ligiam1412 7]

Hello!

I am an international student (F1) on OPT. I recently graduated in December and began my OPT on February. In May I got married to a US citizen after a 2-year relationship.

I am in the process of applying for AOS and obtaining the US residency.

I have some questions about the forms that I'm hoping someone will kindly answer:

1) In form I-485 I'm required to add a copy of the VISA page of my passport. I entered the US on a student F1

[ligiam1412 7]

1) In form I-485 I'm required to add a copy of the VISA page of my passport. I entered the US on a student F1 visa, which expired on May 2014 (even though I graduated on December 2014). I also have a tourist visa that expires on 2017. Should I send copies of both visas or just the one I used to enter the US last?

2) My visas are in an older passport, should I send a copy of the older passport too?

3) As for the entry stamps, should I send all the entry stamps from both passports or just the most recent one?

4) In form G-325A, should I put the places I have studied in the employment box? (I took a lot of extra courses in different schools and I transferred schools as well)

5) I need to make an attachment for form G-325A, can it be typed and/or written? What should it contain?

6) In form I-465, should I add all my previous I-20's or the most recent one?

7) In form I-131 do I have to fill out the part where it asks why you need Advanced Parole and which places you'll be visiting? I've read in some places online that you should, others that you shouldn't but I'm not sure. My husband works half of the year in the B.V.I. and U.S.V.I. starting in October and my whole family is in Venezuela, are these compelling reasons for Advanced Parole?

8) Would attaching a check with both my husband's and my name from our joint account to form I-130 as one of our proofs of bona fide marriage be good? is it preferable to send a bank statement instead?

9) My husband makes an hourly wage and he makes a lot of money on tips throughout the year. In form I-864 he wrote down an estimate of what his income is a year. The tips don't show on his tax returns or W2's, only what he makes hourly. Would this be a problem? Should he just put the yearly salary on his W2's instead?

10) My husband doesn't have his previous W2's asides from the most recent one and the form I-864 asks for the W2 information for the last three years. What can he do?

11) Both forms I-130 and I-485 ask me to fill out form G-325A, do I have to fill this form out twice or once will suffice if I'm sending both forms together?

12) Lastly, Are there any special requirements for students from F1 for AOS? (e.g. sending in I-20's, transcripts, etc)

Thank you all in advance!

Edited July 10, 2015 by ligiam1412

[ligiam1412 7]

Could anyone help me please?

[Starkilla09 366]

1) In form I-485 I'm required to add a copy of the VISA page of my passport. I entered the US on a student F1 visa, which expired on May 2014 (even though I graduated on December 2014). I also have a tourist visa that expires on 2017. Should I send copies of both visas or just the one I used to enter the US last?

Send copy of F1 visa since that's the status you're currently on. The purpose of the visa copy is to prove lawful admission to the U.S which the basic fundamental requirement for eligibility to adjust status.

2) My visas are in an older passport, should I send a copy of the older passport too?

The copy of the passport is not necessary as explained above. The F1 visa copy is sufficient. Try retrieving your I-94 electronically online if you can so you can also put the number on the I-485.

3) As for the entry stamps, should I send all the entry stamps from both passports or just the most recent one?

The most recent stamp since that's the status you're currently in. The F1 visa as mentioned again.

4) In form G-325A, should I put the places I have studied in the employment box? (I took a lot of extra courses in different schools and I transferred schools as well)

Yes you can write student there and put your school if you were unemployed.

5) I need to make an attachment for form G-325A, can it be typed and/or written? What should it contain?

Either way works as long as your hand writing can be read. Indicate the field though like section number.

6) In form I-465, should I add all my previous I-20's or the most recent one?

I-485 doesn't require an I-20 but proof of lawful admission which is I-94 departure record or entry visa with admission stamp page on passport copies.

7) In form I-131 do I have to fill out the part where it asks why you need Advanced Parole and which places you'll be visiting? I've read in some places online that you should, others that you shouldn't but I'm not sure. My husband works half of the year in the B.V.I. and U.S.V.I. starting in October and my whole family is in Venezuela, are these compelling reasons for Advanced Parole?

As an adjustment of status applicant you don't need a reason for travel for your Advance parole. Just write unknown on the sections asking for dates and places to travel or reasons.

8) Would attaching a check with both my husband's and my name from our joint account to form I-130 as one of our proofs of bona fide marriage be good? is it preferable to send a bank statement instead?

Bank statements are much better.

9) My husband makes an hourly wage and he makes a lot of money on tips throughout the year. In form I-864 he wrote down an estimate of what his income is a year. The tips don't show on his tax returns or W2's, only what he makes hourly. Would this be a problem? Should he just put the yearly salary on his W2's instead?

His adjusted gross income is what should weigh in. If he doesn't make that much for you 2 he'll need a joint sponsor.

10) My husband doesn't have his previous W2's asides from the most recent one and the form I-864 asks for the W2 information for the last three years. What can he do?

The most recent one is what's needed. The most recent tax return and income is what carries weight and will be used to determine eligibility. Prior 2 years tax return information is just to be stated.

11) Both forms I-130 and I-485 ask me to fill out form G-325A, do I have to fill this form out twice or once will suffice if I'm sending both forms together?

One copy is good for you. Your spouse will also include his own copy as well.

12) Lastly, Are there any special requirements for students from F1 for AOS? (e.g. sending in I-20's, transcripts, etc)

No there's no special requirement. You only have to show you were lawfully admitted in the U.S and also show evidence of Bona fide relationship.

Thank you all in advance!