F1 student adjusting status through marriage

[geoken04 0]

Dear visa journey members,

Warm greetings to all of you. I was referred to this website by a friend who told me there are good people on here that could provide answers to my questions.

Background

1. My wife and I got married in Africa on Dec 20, 2014

2. I am an F1 student and she is a US Citizen.

3. My wife lost our first son in 2015 (we have his birth certificate)

4. I graduate next year April 2017.

Questions

1. When do you think is the best time to adjust status given the information above? Should I begin the AOS process after OPT or now? Someone told me to wait till December this year so I can get 10 year green card, but I do not know if that information is true?

2. What documents should I complete for AOS? Is my late son's birth certificate relevant to USCIS?

3. Does USCIS recognize foreign marriage certificates?

Thank you all for your time and patience.

[Starkilla09 366]

Dear visa journey members,

Warm greetings to all of you. I was referred to this website by a friend who told me there are good people on here that could provide answers to my questions.

Background

1. My wife and I got married in Africa on Dec 20, 2014

2. I am an F1 student and she is a US Citizen.

3. My wife lost our first son in 2015 (we have his birth certificate)

4. I graduate next year April 2017.

Questions

1. When do you think is the best time to adjust status given the information above? Should I begin the AOS process after OPT or now? Someone told me to wait till December this year so I can get 10 year green card, but I do not know if that information is true?

2. What documents should I complete for AOS? Is my late son's birth certificate relevant to USCIS?

3. Does USCIS recognize foreign marriage certificates?

Thank you all for your time and patience.

1. Sorry about the loss of your son. You can begin the AOS process at any time you have the funds or feel the need to begin with. If I were you though I'll start it sometime in October this year so as to receive a 10 year green card when it's done. The reason being AOS takes 3 to 6 months on average to be completed or a couple of months longer. You only become a permanent resident on the day it's approved, and that'll be way past December thereby giving you a 10 year green card since you'll be married for at least 2 years by then.

2. You'll need forms I-130, I-485, I-765 and I-131 (I-765 and I-131 fees are waived as a C-9 adjustment applicant so also include them so you can work and travel temporarily while petition is being processed.). You can add the copy of birth certificate of your son to help your case a little.

3. Yes USCIS recognizes foreign marriage certificates, however; it must be translated if not in English.

Edited April 12, 2016 by Starkilla09

[geoken04 0]

Thank you so kindly Starkilla09. My marriage certificate is written in English so that is settled.

1. Now my wife has a U.S. passport with her former last name on it (not her last name after marriage). Will USCIS have a problem with this?

2.Also, which is better to use as proof of citizenship: U.S. passport or birth certificate (my wife was born in the U.S.)?

3. Should we use both or just one?

Thank you so much for your help.

[Starkilla09 366]

Thank you so kindly Starkilla09. My marriage certificate is written in English so that is settled.

1. Now my wife has a U.S. passport with her former last name on it (not her last name after marriage). Will USCIS have a problem with this?

2.Also, which is better to use as proof of citizenship: U.S. passport or birth certificate (my wife was born in the U.S.)?

3. Should we use both or just one?

Thank you so much for your help.

1. No, USCIS won't have any problem with her submitting a copy of her old passport to establish proof of U.S. citizenship. A copy of the biographic page of this passport should suffice.

2. There's no better way to proof U.S. citizenship. USCIS just requires the petitioner to provide one proof from a variety of mix depending on which one the petitioner may have. It could be copy of biographic page of U.S passport, copy of birth certificate, copy of naturalization certificate or consular report of birth abroad, or copy of certificate of citizenship.

3. Use just 1.

[geoken04 0]

Thank you once again for your excellent answers Starkilla09. When you say "copy," do you mean photocopy or original?

[Starkilla09 366]

Thank you once again for your excellent answers Starkilla09. When you say "copy," do you mean photocopy or original?

No prob. By "copy" I mean a photocopy of the original document. Word, never send original documents to USCIS, unless personally requested by them. Send photocopies and take originals with you on the day of your interview.

Edited April 12, 2016 by Starkilla09

[geoken04 0]

Many thanks Starkilla09. Blessings to you.