F-1 adjustment of status after marriage

[LaborDabor 0]

Hi there,

 

First time poster here. Learning a lot from reading all the answers posted here. Thanks to everyone who posts.

 

As for my own question, here's my scenario:

 

1. I am currently dating a chinese student during her OPT. She has been in the states for over 2 years (arrived august 2014) and we started dating around january 2015. We are now getting engaged and married within the next few weeks.

2. She currently has an EAD through her OPT and has a valid F-1 visa.

3. We would like to file her I-485 as soon as is reasonable after the ceremony, along with an application for an AP and EAD

 

My questions are regarding the timing of the application (is it too soon to file for adjustment right after the ceremony?), the feasibility of adjusting from F-1 status (form I-485 does not have a specific check box for this type of adjustment I don't think?), and whether or not there are any specific document requirements for this type of adjustment request (outside of the standard documents listed on the document instructions).

 

If I come up with anymore questions I will try to include them in an edit. Thanks in advance for any help you can provide.

[Penguin_ie 5,985]

*****  Moving from F1 Student visa to AOS from Student visa as this is the process Op is asking about *****

[azblk 338]

You can file anytime after the marriage.  Follow the guide below. Only difference is now you need i-130 and i-130A( in lieu of G-325 ).

http://www.visajourney.com/content/i130guide2

 

[Nelly17 10]

19 hours ago, LaborDabor said:

Hi there,

 

First time poster here. Learning a lot from reading all the answers posted here. Thanks to everyone who posts.

 

As for my own question, here's my scenario:

 

1. I am currently dating a chinese student during her OPT. She has been in the states for over 2 years (arrived august 2014) and we started dating around january 2015. We are now getting engaged and married within the next few weeks.

2. She currently has an EAD through her OPT and has a valid F-1 visa.

3. We would like to file her I-485 as soon as is reasonable after the ceremony, along with an application for an AP and EAD

 

My questions are regarding the timing of the application (is it too soon to file for adjustment right after the ceremony?), the feasibility of adjusting from F-1 status (form I-485 does not have a specific check box for this type of adjustment I don't think?), and whether or not there are any specific document requirements for this type of adjustment request (outside of the standard documents listed on the document instructions).

 

If I come up with anymore questions I will try to include them in an edit. Thanks in advance for any help you can provide.

You have to file out i485 i130 i864.

on the I485 you have to pick part 2 option A ( since you would be submitting it together with i130).

 

As far as the documents you need to send for the I485 that relates to F1:

passport biographical page , page with f1 visa, passport entry stamps, i94

 

good luck

[LaborDabor 0]

Thanks for the information regarding the F-1. Also it's good to hear that there's no arbitrary waiting period for filing after the marriage.

 

I was reading some more on the websites and from others who have gone through this with Chinese nationals as well and was told that there are some documents specific to Chinese nationals.

 

1. Is it necessary to have a GUZ P3 when filing an I-485?

 

2. Are the receipts for the engagement ring/wedding bands necessary to go with marriage certificate or is that only required if there is a ROE?

 

3. I was also provided an example ToC for the application that I've attached here and was wondering if it's a good reference. Thanks

EXAMPLE - cover letter.pdf

[azblk 338]

1. Unless is china specific never heard of it.

2. Send as much evidence as you can - don't hold back anything you have that could help you prov e your bona fide marriage.

3. its a good reference but is old. Charges have changed for i-130 and i-485. so have some of the forms.

 

[azblk 338]

Below is a better template to start with. Edit as it suits your needs

 

U.S Citizenship and Immigration Services (USCIS)
PO Box 805887
Chicago, IL 60680-4120

Petitioner (U.S Citizen): NAME
Beneficiary (Alien Spouse): NAME
Joint Sponsor: NAME

Date: February xx, 2017

 

To who it may concern,
Dear Sir/Madam,

 

Please find enclosed documentations for the concurrent filing of the following forms with all supporting documents:
I-130/I-130A (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-864 (Affidavit of Support), I-765 (Application for Employment Authorization) and I-131 (Application for Travel Document).

 

I-130 - Petition for Alien Relative

 

1.       Money Order $535: Payable to U.S. Department of Homeland Security

 

2.       Form I-130 – Petition for Alien Relative

 

3.       Form G-1145 e-Notification of Application/Petition Acceptance

 

4.       Copy of Petitioner’s Birth Certificate

 

5.       Copy of Beneficiary’s Passport Biographic Page and Non-Immigrant Visa Page

 

6.       Copy of Beneficiary’s Foreign Birth Certificate with Certified Translation

 

7.       Copy of Marriage Certificate

 

8.       One Passport-style Photo of Petitioner

 

9.       One Passport-style Photo of Beneficiary

 

 

 

11.   Form i-130A.

 

12.   Evidence of Bona Fide Marriage

 

·         Plane tickets and itineraries

 

·         Wedding photos

 

·         Vacation photos

 

·         Copy of mailed address for birthday cards, Christmas cards

 

·         Call Histories

 

 

 

I-485 - Application to Register Permanent Residence or Adjust Status

 

1.       Money Order $1225 (with Biometric Fees): Payable to U.S. Department of Homeland Security

 

2.       Form I-485 - Application to Register Permanent Residence or Adjust Status

 

3.       Form G-1145 e-Notification of Application/Petition Acceptance

 

4.       Copy of Beneficiary’s Foreign Birth Certificate with Certified Translation

 

5.       Copy of Beneficiary’s Passport Biographic Page and Non-Immigrant Visa Page

 

6.       Copy of Beneficiary’s Electronic Form I-94 - Arrival/Departure Record

 

7.       Two Passport-style Photo of Beneficiary

 

8.       Form I-693 – Report of Medical Examination and Vaccination Record (Sealed Envelope)

 

9.       Form G-325A, Biographic Information Sheet for Beneficiary

 

I-864 - Affidavit of Support

 

1.       FORM I-864 - Affidavit of Support: Completed by Petitioner

 

2.       FORM I-864 - Affidavit of Support: Completed by Joint Sponsor

 

3.       Form G-1145 e-Notification of Application/Petition Acceptance

 

4.       Copy of Petitioner’s Birth Certificate

 

5.       Copy of Joint Sponsor’s Passport Biographic Page

 

6.       Copy of Petitioner’s Tax Transcript

 

7.       Copy of Joint Sponsor’s Tax Transcript and Form W-2

 

8.       Joint Sponsor’s Letter of Employment

 

9.       Joint Sponsor’s most recent Pay Stubs for the last 6 Months

 

 

 

I-765 - Application for Employment Authorization

 

1.       Form I-765 - Application for Employment Authorization

 

2.       Form G-1145 e-Notification of Application/Petition Acceptance

 

3.       Copy of Beneficiary’s Passport Biographic Page

 

4.       Two Passport-style Photo of Beneficiary

 

 

 

I-131 - Application for Travel Document

 

1.       Form I-131 - Application for Travel Document

 

2.       Form G-1145 e-Notification of Application/Petition Acceptance

 

3.       Copy of Beneficiary’s Passport Biographic Page

 

4.       Two Passport-style Photo of Beneficiary

 

5.       Copy of Beneficiary’s Electronic Form I-94 - Arrival/Departure Record

 

 

 

Regards,

 

NAME
DATE
SIGNATURE

[LaborDabor 0]

This is incredibly helpful. Thank you so much. Let me know if you're ever in south florida and need a good meal! haha

[Allie D 39]

On 5/17/2017 at 7:36 PM, LaborDabor said:

2. Are the receipts for the engagement ring/wedding bands necessary to go with marriage certificate or is that only required if there is a ROE?

 

Not necessary. Your marriage certificate is proof enough and I highly doubt USCIS is going to send a RFE for your wedding bands. My husband and I did not have wedding bands and there were no RFEs. 

[LaborDabor 0]

That's good to hear. Thanks for all your help

[LaborDabor 0]

Hi again, had a quick question

 

This may be a bit specific but considering the fact that many of my fiance and my pictures are digital, there is no printed timestamp on many of them. However, the image files do have a timestamp in the metadata. This data can be easily retrieved by checking the properties of the file. However, when submitting evidence for bona fide marriage/relationship, is it possible to send digital copies of such things? Such as a flash drive with images or an SD card or some sort of storage device? I imagine that could be feasible and efficient, but also just as easily be misconstrued as some kind of attempt at cyberterrorism, especially considering the current state of our government's cybersecurity.

 

Anyone have experience with this?

 

thanks

[Allie D 39]

1 hour ago, LaborDabor said:

Hi again, had a quick question

 

This may be a bit specific but considering the fact that many of my fiance and my pictures are digital, there is no printed timestamp on many of them. However, the image files do have a timestamp in the metadata. This data can be easily retrieved by checking the properties of the file. However, when submitting evidence for bona fide marriage/relationship, is it possible to send digital copies of such things? Such as a flash drive with images or an SD card or some sort of storage device? I imagine that could be feasible and efficient, but also just as easily be misconstrued as some kind of attempt at cyberterrorism, especially considering the current state of our government's cybersecurity.

 

Anyone have experience with this?

 

thanks

Just print the photos and type the time stamp. USCIS won't be finicky about the exact dates. The change in seasons, hairstyles, people in the photo, etc. is proof enough that they were taken over time. My husband and I wrote approximate months on our photos and didn't get any RFEs.

 

There is negligible chance that USCIS will open computer media. You could be transmitting malware, viruses, etc. 

[EMBELL_17 90]

14 hours ago, LaborDabor said:

Hi again, had a quick question

 

This may be a bit specific but considering the fact that many of my fiance and my pictures are digital, there is no printed timestamp on many of them. However, the image files do have a timestamp in the metadata. This data can be easily retrieved by checking the properties of the file. However, when submitting evidence for bona fide marriage/relationship, is it possible to send digital copies of such things? Such as a flash drive with images or an SD card or some sort of storage device? I imagine that could be feasible and efficient, but also just as easily be misconstrued as some kind of attempt at cyberterrorism, especially considering the current state of our government's cybersecurity.

 

Anyone have experience with this?

 

thanks

This is unnecessary. I just pasted several photos of me and my husband into a word doc and printed it. Then I hand-wrote captions underneath each photo and some weren't even dated. It was clear that the photos were taken in different locations and on different days because of the backdrops and outfit changes. Some of the photos show my husband with a beard and some without so obviously time had elapsed. Then again, my husband and I only knew each other for 3 months before we wed so USCIS should not be expecting too much haha. I included 4 affidavits from thid-party US citizens, and evidence of shared finances (lease agreement, car insurance card, screenshots of venmo transactions because we do not have a joint account). I also showed that my husband was my 401K and life insurance beneficiary and included screenshots of our social media. Just in case you're looking for some more ideas.

[LaborDabor 0]

Hi everybody,

 

thanks again for all the help so far. My wife is having some misgivings about how to fill out these AOS forms, specifically how to write "China" in these forms. She found some websites saying that it must be written as "P.R. China" or "People's Republic of China" or risk being rejected, and "China" alone would be sufficient. I'm wondering if anyone else has had experience with this or can give me some info?

 

Also, if there are handwritten errors on these forms is whiteout advisable? OR is it better to simply cross out the mistake and rewrite the correction nearby?

 

Thanks in advance

[cosmonauts 125]

On 6/4/2017 at 7:48 PM, LaborDabor said:

Hi everybody,

 

thanks again for all the help so far. My wife is having some misgivings about how to fill out these AOS forms, specifically how to write "China" in these forms. She found some websites saying that it must be written as "P.R. China" or "People's Republic of China" or risk being rejected, and "China" alone would be sufficient. I'm wondering if anyone else has had experience with this or can give me some info?

 

Also, if there are handwritten errors on these forms is whiteout advisable? OR is it better to simply cross out the mistake and rewrite the correction nearby?

 

Thanks in advance

I can't help about the China questions but my advice is to type everything on the computer. All forms allow for this and if something can't be typed only then hand write it after printing using a black ink pen. For example I couldn't type D/S on when my I-94 expired so I just wrote it afterwards. It's the safest way to go

 

Hope this helps.