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garima_y

F1 visa holder, just married a USC, need help with the process

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Filed: F-1 Visa Country: India
Timeline

Hello, everyone, I am from India and my fiance and me, got married a month ago. we are planning on filing for AOS for me. I had a few questions before that.

seeing that I am an F1 visa holder, will that create any problem with the process?

Do I change my name in the Indian passport before or after I receive my green card?

If I do change my name in the passport, would I also need to apply for a name change in my F1 visa, along with informing the school and changing it in my I-20 and I-94 as well?

I am planning on visiting home (India) in December but from what I have read so far, I can not leave the country without applying for 'advanced parole' with all the forms. how long will that take (approximately)? As if it takes longer than 2 months then it would not make sense as I have to go back in decemeber, and then file only after I come back.
And if it would be okay to wait that long to file for AOS?

I know, it's a long list of questions, but I'm completely new to the process and completely lost.
I would appreciate all the help I get
thanks!

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Filed: Citizen (apr) Country: Ecuador
Timeline

Welcome to the forum. Your thread is moved from Introducing Our Members to the "Adjustment of Status from Work, Student, & Tourist Visas" main forum, to be among similar threads. People will be along to answer your questions soon. Good luck!


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Cameroon
Timeline

Hello, everyone, I am from India and my fiance and me, got married a month ago. we are planning on filing for AOS for me. I had a few questions before that.

seeing that I am an F1 visa holder, will that create any problem with the process?

Do I change my name in the Indian passport before or after I receive my green card?

If I do change my name in the passport, would I also need to apply for a name change in my F1 visa, along with informing the school and changing it in my I-20 and I-94 as well?

I am planning on visiting home (India) in December but from what I have read so far, I can not leave the country without applying for 'advanced parole' with all the forms. how long will that take (approximately)? As if it takes longer than 2 months then it would not make sense as I have to go back in decemeber, and then file only after I come back.

And if it would be okay to wait that long to file for AOS?

I know, it's a long list of questions, but I'm completely new to the process and completely lost.

I would appreciate all the help I get

thanks!

1. No that won't create any problem because you're on an F1 visa. You're eligible to adjust status as spouse of a U.S. Citizen.

2. No you don't have to change your name on your Indian passport even when you have your green card. You can always carry a copy of your marriage certificate to show any changes if asked when traveling to correct discrepancies.

3. Not something to worry about as explained above. You can't even change name on an issued visa anyway. And you won't be needing that stamp anymore to re-enter the U.S. even if still valid when entering on AP or green card.

4. Yes you can't leave the U.S. after submitting your adjustment of status application without AP as it will be considered abandoned. AP takes 60 to 90 days on average to be approved and looking at the timeframe, chances are your December trip won't be make the cut. Of course you can always aaply for your AOS when you feel ready and have the $1690 to burn. Good luck!


Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

02/27/2019: Joint I-751/N-400 Interview.

05/14/2019: I-751 APPROVED.

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

01/23/2019: Interview Scheduled for 2/27/2019.

02/27/2019: Joint I-751/N-400 interview. N-400 recommended for approval.

05/16/2019: N-400 APPROVED! Placed in line for oath ceremony.

05/17/2019: Oath ceremony notice mailed.

06/12/2019: Swearing in Ceremony! Finally a U.S. citizen!

 

 

 

 

 

 

 

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although you may want to ask for advice/consult an attorney about trying to re-enter the US on an F-1 visa when you're married to a USC. Perhaps I'm paranoid, but I opted to remain in the US when I even got engaged on a J-1 visa.

Quote from a website for UW students - https://iss.washington.edu/marrying-citizen

If I travel, will I have any problems returning to the U.S?

You may. We recommend that you seek the advice of your immigration attorney regarding this matter.

Once you are married to a U.S. citizen, you may have difficulties returning to the United States because the U.S. Customs and Border Patrol (USCBP) may think you have the intent to immigrate to the United States to be with your U.S. citizen spouse. This is not permitted for individuals in F-1 or J-1 status.

Also, if you chose to file paperwork to become a permanent resident while in the United States (Adjustment of Status), you cannot travel on your F or J visa. Doing so would cause your I-485 Application to Adjust Status to Permanent Resident to be abandoned and denied. Instead, you will need to file an I-131 Application for Advance Parole and wait for it to be approved. You can travel freely during the validity period of your Advance Parole document.

If you have any problems with your F or J status, you should speak with an immigration attorney before filing any applications or before traveling abroad.

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Filed: F-1 Visa Country: India
Timeline

1. No that won't create any problem because you're on an F1 visa. You're eligible to adjust status as spouse of a U.S. Citizen.

2. No you don't have to change your name on your Indian passport even when you have your green card. You can always carry a copy of your marriage certificate to show any changes if asked when traveling to correct discrepancies.

3. Not something to worry about as explained above. You can't even change name on an issued visa anyway. And you won't be needing that stamp anymore to re-enter the U.S. even if still valid when entering on AP or green card.

4. Yes you can't leave the U.S. after submitting your adjustment of status application without AP as it will be considered abandoned. AP takes 60 to 90 days on average to be approved and looking at the timeframe, chances are your December trip won't be make the cut. Of course you can always aaply for your AOS when you feel ready and have the $1690 to burn. Good luck!

Thank you so much for this. Appreciate it!! :)

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Filed: Citizen (apr) Country: Hungary
Timeline

Leaving and re-entering on an F-1 with the intent of AOSing is visa fraud.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: F-1 Visa Country: India
Timeline

Leaving and re-entering on an F-1 with the intent of AOSing is visa fraud.

I married my fiance, but will not be filing for permanent residency, and in the meanwhile if i want to go back home to visit, how is it visa fraud?

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Filed: Citizen (apr) Country: Hungary
Timeline

I married my fiance, but will not be filing for permanent residency, and in the meanwhile if i want to go back home to visit, how is it visa fraud?

Because when you come back to the US after your visit, you'd be entering on a non-immigrant visa (F-1) with the intent of filing AOS.

You are not allowed to enter on a non-immigrant visa with the intent of filing for a GC.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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I married my fiance, but will not be filing for permanent residency, and in the meanwhile if i want to go back home to visit, how is it visa fraud?

That's a legal grey area. Marriage to a USC imparts immigrant intent, and entering on a non-immigrant visa opens you to scrutiny at POE.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Filed: Timeline

I married my fiance, but will not be filing for permanent residency, and in the meanwhile if i want to go back home to visit, how is it visa fraud?

Each time you enter the US on the F-1 visa, you must not have immigration intent at each entry.

When you use your non-immigrant F-1 visa to enter the US with the intent to immigrate, then it's visa fraud. Since you are already planning to file for AOS, you would have immigrant intent when you enter the US after your trip home.

Edited by Jojo92122

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Filed: Citizen (apr) Country: Hungary
Timeline

Marry ASAP, file AOS, EAD, AP ASAP. You'll probably won't make December, but by mid-January, you should have your AP in hand and can visit India without problems.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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