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robson921

Adjusting Status from F1 to green card after marriage to Permanent Resident.

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Hello Everyone,

 

So me and my wife got married like 3 weeks ago. She came to US on student visa and i have a green card at the moment but just applied for citizenship. She's been living her for 6 years now and few months ago her visa expired... The whole immigration process is so confusing that we need some help. She is still in school at the moment. What kind of documents should we file for now to adjust her status. She will not be going to Thailand she will stay here. Just need to adjust the status somehow.

thanks a lot we just really want to make it right.

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LPR Spouses cannot AOS within the US. You will need to start by filing an I-130. 

 

You will probably need an attorney as she will have accrued an overstay and potential ban by the time you obtain citizenship. 


Phase I - IV - Completed the Immigration Journey 

 

 

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She needs to leave before accruing a ban. That happens at 180 days of overstay. When her 1st day of overstay starts depends on what visa she was allowed entry with and if she abided by the rules of that visa. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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OP said her visa had expired, she may still be in status.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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6 minutes ago, Boiler said:

OP said her visa had expired, she may still be in status.

Only the visa sticker in her passport expired but she still has a valid I20 and going to school until may 2020. I'm not sure what papers should I file since I'm not a citizen yet

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Start by reading the guides.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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4 hours ago, Boiler said:

OP said her visa had expired, she may still be in status.

hm, good catch. 

 

OP you can file the I-130 now.  You cannot file the I-485 etc until her priority date is current or you become a citizen.  If you choose to stay together, an OPT would be idea after school to stay in status. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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On 11/30/2019 at 5:01 PM, NikLR said:

hm, good catch. 

 

OP you can file the I-130 now.  You cannot file the I-485 etc until her priority date is current or you become a citizen.  If you choose to stay together, an OPT would be idea after school to stay in status. 

As a note, F2A (spouse of a USC) is current in all categories right now. I believe this is estimated to be the case until at least February.

Edited by geowrian
spelling fix

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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14 hours ago, geowrian said:

As a note, F2A (spouse of a USC) is current in all categories right now. I beleive this is estimated to be the case until at least February.

I had read the same, however best to file asap.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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