Can I do aos from student visa

[twins09 2]

Hi all,

I have some questions and would really like some input.

My situation is that I am currently in the us under a student visa (scheduled to grad may 2023) I have a pending f4 Petition pd 30th march  2007 row. I would like to know

1) can I file for aos and what forms do I file?

2) if I do file and the interview is not scheduled before I graduate what happens??

Ps. It will be at Minneapolis/stpaul 

 

Tia.

[nastra30 2,288]

22 minutes ago, twins09 said:

Hi all,

I have some questions and would really like some input.

My situation is that I am currently in the us under a student visa (scheduled to grad may 2023) I have a pending f4 Petition pd 30th march  2007 row. I would like to know

 

1) can I file for aos and what forms do I file? - Yes, you can file for adjustment right now using Chart B.  DATES FOR FILING FAMILY-

Form I-485 (adjustment form), Form I-765 (employment authorization), Form J-131 (travel authorization). You'll include a copy of your NOA2 for form I-130.

 

2) if I do file and the interview is not scheduled before I graduate what happens?? - You'll have authorized stay in the US until it's approved or denied. See above comment for additional forms to file that will allow you to work and travel while you wait for adjustment approval.

Ps. It will be at Minneapolis/stpaul 

 

Tia.

 

[nastra30 2,288]

37 minutes ago, nastra30 said:

Form J-131 (travel authorization)

Cirrection: Form I-131. Not J-131 (was a typo).

[twins09 2]

Thank you for you response 

So just to clarify will my spouse be able to aos with me?

[nastra30 2,288]

2 hours ago, twins09 said:

Thank you for you response 

So just to clarify will my spouse be able to aos with me?

Yes, if your spouse (derivative applicant) is currently in the US legally, she can also adjust based on your (the principal applicant) approved I-130. It will be a separate form I-485 and making sure to answer the questions pertaining to derivative applicants. However, she will only be approved after you (the principal) has been approved.

On the hand, if she's outside the US she can do a follow to join.

 

 

 

 

Edited September 8, 2022 by nastra30

[twins09 2]

Thank you.

[Rocio0010 5,579]

13 hours ago, twins09 said:

So just to clarify will my spouse be able to aos with me?

Is your spouse a US citizen?

[twins09 2]

1 hour ago, Rocio0010 said:

Is your spouse a US citizen?

No. Under f2 student visa 

[OldUser 6,872]

On 9/8/2022 at 12:57 PM, twins09 said:

No. Under f2 student visa 

Make sure she doesn't overstay her visa. 

I think you may need to consult with immigration attorney.

Edited September 12, 2022 by OldUser