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HeavenMorgane

Adjusting status of F1 visa marrying a citizen

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

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HeavenMorgane Newbie

HeavenMorgane   0

Posted
Filed: F-1 Visa Country: France
 Timeline
Posted

Hi, 

Here is my situation. I am a French citizen and currently in the USA on a F-1 visa. The visa is set to expired on May 2022. However I am scheduled to complete my degree on May 2021. I have been in a relation with an American since September 2014. We are planning on getting married mid to late 2020. So here are my questions:
- Double checking but I think  I can get married while on a F-1 visa right?

- When, after the marriage, can we file for a status adjustment?
- How long does it usually take? I have seen it can take up to 18 months and I am just wondering if anyone had more exact informations
- Can you leave the usa during the adjustment period?

- And most important question what happens if my visa expires before the status adjustment is validated then what happens? Do I need to go back to my home country and wait for the status adjustment to go through? Does it cancel the status adjustment?  

Thank you in advance to those that will take the time to answer. I really appreciate it!

NYC-AB Contributor

NYC-AB   56

Posted
Filed: AOS (apr) Timeline
Posted
Just now, HeavenMorgane said:

Hi, 

Here is my situation. I am a French citizen and currently in the USA on a F-1 visa. The visa is set to expired on May 2022. However I am scheduled to complete my degree on May 2021. I have been in a relation with an American since September 2014. We are planning on getting married mid to late 2020. So here are my questions:
- Double checking but I think  I can get married while on a F-1 visa right? 

- When, after the marriage, can we file for a status adjustment?
- How long does it usually take? I have seen it can take up to 18 months and I am just wondering if anyone had more exact informations
- Can you leave the usa during the adjustment period?

- And most important question what happens if my visa expires before the status adjustment is validated then what happens? Do I need to go back to my home country and wait for the status adjustment to go through? Does it cancel the status adjustment?  

Thank you in advance to those that will take the time to answer. I really appreciate it!

1. Yes, you can. That's what my wife and I did.

2. You can file your AOS application immediately after marriage - we did so about a week after.

3. You can check the timelines here, as well as on the USCIS site. It will depend on where you live. My wife and I had an incredibly quick turnaround for an interview, but others wait quite a while.

4. Only if you submit Form I-131 for advance parole. Until then, you cannot leave (well, you can, but you won't be able to return).

5. Your AOS application will confer legal status to stay in the country while your application is pending. You can work during that time period if you submit Form I-765 concurrently for an employment authorization document.

2019-03-19: AOS concurrent filing (I-130, I-485, I-765, I-131) sent; AOS from F-1 Visa

2019-03-21: AOS package received

2019-03-26: All NOA1s received (dated 3-21)

2019-04-05: Received biometrics notice

2019-04-08: Walk-in biometrics completed

2019-04-10: Received email that case is ready to be scheduled for an interview

2019-04-16: Received email that interview was scheduled

2019-05-28: Green card approved at end of interview; email that case was approved received shortly after!

2021-03-06: I-751 package sent (delivered 03-09)

2021-04-02: $680 personal check fee cashed

2021-04-06: I-797 NOA (18-month extension letter) received, dated 04-01

2021-04-13: Fingerprints applied to I-751 case

  • 2 weeks later...
Nouchigang Community Regular

Nouchigang   200

Posted
Filed: Other Country: Canada
 Timeline
Posted (edited)
On 4/24/2019 at 1:58 PM, NYC-AB said:

1. Yes, you can. That's what my wife and I did.

2. You can file your AOS application immediately after marriage - we did so about a week after.

3. You can check the timelines here, as well as on the USCIS site. It will depend on where you live. My wife and I had an incredibly quick turnaround for an interview, but others wait quite a while.

4. Only if you submit Form I-131 for advance parole. Until then, you cannot leave (well, you can, but you won't be able to return).

5. Your AOS application will confer legal status to stay in the country while your application is pending. You can work during that time period if you submit Form I-765 concurrently for an employment authorization document.

All this is correct, please file both I-765 work permit and I-131 Advance Parole (travel permit ), they are both free if filed at the same time with the adjustment of status I-485 and  I-130 petition (and I-864).

You may not need the 1st two I mentioned at the time of filing but better be safe than sorry.

Please do not travel until your Advance Parole is approved or else your adjustment of status will be abandoned and you will have to start all over and pay the fees again.

Edited by Nouchigang

01/08/2018: Priority Date

01/19/2018: Checks cashed

01/22/2018: 3 NOA's received in Mail (I-130, I-485 and I-765)

02/09/201: Received Biometrics Appointment Letter scheduled for 02/22

02/10/2018: Email notification of RFIE :(

02/12/2018: Early walk-in for Biometrics, successful

02/16/2018: RFIE received for birth certificate and translation, sent back the same day

02/20/2018: RFIE response delivered, sent via Fedex

02/23/2018: Case status updated to RFIE response received

03/05/2018: Courtesy letter for I-693, medical exam received, letter dated Feb 28th

03/08/2018: AP application delivered by Fedex

03/19/2018: NOA for AP received in the mailbox

05/03/2018: AP ONLY approved (Approved in 56 days)

05/11/2018: AP received in Mail

05/21/2018: Email received,EAD card in production (Day 133)

05/22/2018: Interview scheduled

05/25/2018: EAD approval letter received in Mail

05/29/2018: EAD card and letter for interview (Jun.26th) both received in Mail, Woot woot :)

06/26/2018: Interview completed, now waiting for the magical email/letter...

10/30/2018: Went to Infopass, officer has not made a decision yet, an email was sent to him tell him I came to inquire

03/26/2019: Moved so updated our address online with USCIS

04/16/2019: I-130 petition approved

04/20/2019: approval notice received in the mail

04/22/2019: received notification of RFE for AOS I-485

06/01/2019: RFE finally received after being lost in the mail, asking for a new medical exam

06/06/2019: Response to RFE sent, received the next day 06/07/2019

06/17/2019: Received notification of another RFE, 3rd time will be the charm hopefully

06/22/2019: RFE received for new medical

07/02/2019: Went to doctor for new medical

07/11/2019: I-485 approved without new medical exam

07/18/2019: Green Card received in mail

 

 
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