Few questions! AOS applicant as a spouse of U.S. citizen from F-1 visa

[haidro 0]

Q1: I have graduated from a U.S. university with my master degree. And my prior pot-OPT EDA has expired more than 180 days while my I-94 status is 'D/S',  and there are two items that regarding to my current nonimmigrant status, such as in Form I-485, Part8 Page11 Item17, “Have you EVER violated the terms or conditions of your nonimmigrant status?”, should I choose the YES or NO, if I choose yes, what should I explain in the PART 14. 

likewise, in Form I-745, Part2 Page3, Item25, what will be my current immigration status? F-1? 

 

Q2: Regarding to the “Education&Skills” in Form I-944 Part 4 Page 12, the instruction says, “Foreign education should include an evaluation of equivalency to education or degrees acquired at accredited colleges, universities, or educational institutions in the United States” , since I don’t have any equivalency evaluation for my high school and bachelor’s degree, can I just list the graduate education in the education history with the evidence of my master degree certificate/diploma/transcript?

 

Q3: The Credit Score Evidence is required for supporting Form I-944. I have obtained the credit report from experian which they didn't include my credit score. Can I just use the FICO Score from my Wells Fargo bank account and the FICO score from my husband’s BOA account? Or do I need to require the additional credit score from other agency such as Experian and TransUnion?

 

Q4: Currently, I do not have private health insurance due to the nonimmigrant status, but I used to have health insurance when I enrolled in the school, does it help if I showed the evidence of my prior health insurance in the past three years?

 

Thanks!

 

[Ally&Axel 43]

51 minutes ago, haidro said:

Q1: I have graduated from a U.S. university with my master degree. And my prior pot-OPT EDA has expired more than 180 days while my I-94 status is 'D/S',  and there are two items that regarding to my current nonimmigrant status, such as in Form I-485, Part8 Page11 Item17, “Have you EVER violated the terms or conditions of your nonimmigrant status?”, should I choose the YES or NO, if I choose yes, what should I explain in the PART 14. 

likewise, in Form I-745, Part2 Page3, Item25, what will be my current immigration status? F-1? 

 

Q2: Regarding to the “Education&Skills” in Form I-944 Part 4 Page 12, the instruction says, “Foreign education should include an evaluation of equivalency to education or degrees acquired at accredited colleges, universities, or educational institutions in the United States” , since I don’t have any equivalency evaluation for my high school and bachelor’s degree, can I just list the graduate education in the education history with the evidence of my master degree certificate/diploma/transcript?

 

Q3: The Credit Score Evidence is required for supporting Form I-944. I have obtained the credit report from experian which they didn't include my credit score. Can I just use the FICO Score from my Wells Fargo bank account and the FICO score from my husband’s BOA account? Or do I need to require the additional credit score from other agency such as Experian and TransUnion?

 

Q4: Currently, I do not have private health insurance due to the nonimmigrant status, but I used to have health insurance when I enrolled in the school, does it help if I showed the evidence of my prior health insurance in the past three years?

 

Thanks!

 

Hi Haidro,

 

I am also adjusting from F1 and going through all of these forms is not easy..

 

Q1) I believe that the answer would be yes in your case but it's a tricky situation and I do not know exactly what you can provide to justify your overstay. For your current immigration I would provide F1 though is it was the original visa that got you in.

 

Q2) You want to use a service to evaluate your grades and classes from your country system to a letter system. I used WES for my undergrad transcript. I think it was like $200 dollars at the time but I know there are also other services. You also want to have a translation of all of those documents if they are in a different language. I used TranslateDay ($23 a page), they're good but I had to email them each time because they would take 2 days instead of 1 to translate the documents. I also didn't bother with my high school diploma because I figured it was irrelevant when you have a MS (not entirely sure if it's a safe bet though}.

 

Q3) Same than you for this one, I just provided a screenshot from my bank with my credit score. I don't think you need to provide your spouse credit score though.

 

Q4) I'd say it wouldn't hurt to provide your old health insurance but they want to know that you are insured now.. Ideally you would want to be on your husband health insurance or pay for a private insurance (not sure how that works..).

 

I wish you good luck with everything.

 

 

 

 

 

 

[haidro 0]

8 hours ago, Ally&Axel said:

Hi Haidro,

 

I am also adjusting from F1 and going through all of these forms is not easy..

 

Q1) I believe that the answer would be yes in your case but it's a tricky situation and I do not know exactly what you can provide to justify your overstay. For your current immigration I would provide F1 though is it was the original visa that got you in.

 

Q2) You want to use a service to evaluate your grades and classes from your country system to a letter system. I used WES for my undergrad transcript. I think it was like $200 dollars at the time but I know there are also other services. You also want to have a translation of all of those documents if they are in a different language. I used TranslateDay ($23 a page), they're good but I had to email them each time because they would take 2 days instead of 1 to translate the documents. I also didn't bother with my high school diploma because I figured it was irrelevant when you have a MS (not entirely sure if it's a safe bet though}.

 

Q3) Same than you for this one, I just provided a screenshot from my bank with my credit score. I don't think you need to provide your spouse credit score though.

 

Q4) I'd say it wouldn't hurt to provide your old health insurance but they want to know that you are insured now.. Ideally you would want to be on your husband health insurance or pay for a private insurance (not sure how that works..).

 

I wish you good luck with everything.

 

 

 

 

 

 

I appreciate your answer, Ally&Axel. 

 

Q1. As far as I understand, start on Sep 2018, USCIS would deny any application that lacks a required document without issuing an RFE that give the applicant a chance to fix the problem, and for any applicant who lacks immigration status at the moment their application is denied, USCIS can immediately place them is removal proceedings.

 

Therefore, I've take my time to prepare the AOS documents in order to file the application packet completely and accurately.

 

But I am also worried about that if I have overstayed more than 180 days since my post-OPT EDA expried, will it be a negative factor  towards my application, will the USCIS deny my case because of that? By the way, there is no expiration date on my I-94, will the USCIS count the days based on the expiration date on post-OPT EDA? 

 

Q2. Is it necessary to evaluate the grades and classes too? I checked the FIS(Foundation for International Services), they can use the scanned copies of my undergraduate diploma/certificate  do the document-by-document evaluation.

 

Q4. Unfortunately, I found this from the internet, "only U.S. citizens and immigrants with permanent redidents or green cards can sign up for health insurance." It seems I can not have a private health insurance until I get approved. But USCIS says applicant without a private health insurance is a healvily negative factor based on the "Public Charge" rule. I don't know whatelse I can do about it.

 

 

[cosmonauts 125]

22 hours ago, haidro said:

Q1: I have graduated from a U.S. university with my master degree. And my prior pot-OPT EDA has expired more than 180 days while my I-94 status is 'D/S',  and there are two items that regarding to my current nonimmigrant status, such as in Form I-485, Part8 Page11 Item17, “Have you EVER violated the terms or conditions of your nonimmigrant status?”, should I choose the YES or NO, if I choose yes, what should I explain in the PART 14. 

likewise, in Form I-745, Part2 Page3, Item25, what will be my current immigration status? F-1? 

 

 

12 hours ago, haidro said:

But I am also worried about that if I have overstayed more than 180 days since my post-OPT EDA expried, will it be a negative factor  towards my application, will the USCIS deny my case because of that? By the way, there is no expiration date on my I-94, will the USCIS count the days based on the expiration date on post-OPT EDA? 

Is your I-20 current? If the OPT is expired I would assume your I-20 is also expired. If that is the case I don't think you can say your current status is F-1. D/S means "duration of stay" which is the duration of the I-20 (which should reflect the OPT dates). I believe overstays are forgiven if your AOS is through marriage to a US citizen.

 

Did you violate the terms of your visa? I think that means unauthorized work for an employer outside your university, not taking a full load of classes or stuff like that. Only you know the answer to that question.

 

12 hours ago, haidro said:

Q4. Unfortunately, I found this from the internet, "only U.S. citizens and immigrants with permanent redidents or green cards can sign up for health insurance." It seems I can not have a private health insurance until I get approved. But USCIS says applicant without a private health insurance is a healvily negative factor based on the "Public Charge" rule. I don't know whatelse I can do about it.

Does your spouse have health insurance? You should be able to be added to that. I was on my husband's plan while on a J-1.

 

[haidro 0]

58 minutes ago, tamaara said:

 

 

Is your I-20 current? If the OPT is expired I would assume your I-20 is also expired. If that is the case I don't think you can say your current status is F-1. D/S means "duration of stay" which is the duration of the I-20 (which should reflect the OPT dates). I believe overstays are forgiven if your AOS is through marriage to a US citizen.

Thanks for your reply!

The School program end date on my last I-20 past while the the post-OPT End date haven't past yet.  The thing is after I got my post-OPT approved and received my EAD, I didn't try to find a job. So I did the math by myself. I only have 90 days unemployment, I count the 91th days of unemployment as the first day I overstayed, so until up now, I would have 179 days overstayed.

58 minutes ago, tamaara said:

Did you violate the terms of your visa? I think that means unauthorized work for an employer outside your university, not taking a full load of classes or stuff like that. Only you know the answer to that question.

I didn't violate any thing except the overstay.

58 minutes ago, tamaara said:

Does your spouse have health insurance? You should be able to be added to that. I was on my husband's plan while on a J-1.

 

My spouse have a health insurance, but since I don't have a valid visa at this point, I don't think he can add me into his health insurance plan.

[Riley and SP 17]

Hey. 
 

Is your husband LPR or USC. If he is USC, your overstay will be forgiven. The overstay and unauthorized employment are usually bars for AOS. However, these bars do not apply to immediate relatives of US citizens. 
 

You can ask your husband to call his employer/ heath insurance company. Currently, I have my school health insurance but I also asked my husband to add me on his insurance plan as well - I wanted that to show joint insurance for the purposes of proving Bona fide marriage before I even knew about the public charge rule. Now, I just uploaded both insurances. When my husband called to add me on his insurance, no one asked him for my immigration status. I think they asked him for my SSN though. 

[ckelly93 1]

I'm in the same boat too. Overstayed my F1-OPT but I'm married to a USC so everything I've read is telling me the overstay will be forgiven. 

 

Regarding health insurance, I recently took out a policy with Cigna Global since I could not take out a US policy. They offer International Health Insurance for Expats. https://www.cignaglobal.com/