Family-Based Adjustment of Status

[Ally56 0]

Hello, this case is about family-based Adjustment of Status (AOS).

I am currently on OPT, and my husband has been a green card holder for three years. I came to the United States on an F-1 visa about three years ago to study at the same university he attended. At that time, we were dating—we have actually known each other since we were about 15 years old.

About a year later, during a school break when we returned to our home country, we got engaged and then came back to the United States. A few months after that, we traveled home again and had a ceremony with family and friends. However, we did not officially register the marriage at that time because the legal process in our country requires certain steps, such as medical tests, and we did not have enough time to complete them.

After the ceremony, we returned to the United States, and about five months later, we legally registered our marriage. It has now been four months since our legal marriage and nine months since my last entry into the United States. My husband now intends to petition for my green card.

At the time of our marriage, we were uncertain whether we wanted to settle in the United States or return to our home country, so we did not file a petition immediately. However, after beginning my OPT and consideration, we are thinking of building our future in the United States.

I would like to know whether this situation could cause any issues with my AOS application. I would really appreciate any advice you could provide.

[appleblossom 5,953]

26 minutes ago, Ally56 said:

Hello, this case is about family-based Adjustment of Status (AOS).

I am currently on OPT, and my husband has been a green card holder for three years. I came to the United States on an F-1 visa about three years ago to study at the same university he attended. At that time, we were dating—we have actually known each other since we were about 15 years old.

About a year later, during a school break when we returned to our home country, we got engaged and then came back to the United States. A few months after that, we traveled home again and had a ceremony with family and friends. However, we did not officially register the marriage at that time because the legal process in our country requires certain steps, such as medical tests, and we did not have enough time to complete them.

After the ceremony, we returned to the United States, and about five months later, we legally registered our marriage. It has now been four months since our legal marriage and nine months since my last entry into the United States. My husband now intends to petition for my green card.

At the time of our marriage, we were uncertain whether we wanted to settle in the United States or return to our home country, so we did not file a petition immediately. However, after beginning my OPT and consideration, we are thinking of building our future in the United States.

I would like to know whether this situation could cause any issues with my AOS application. I would really appreciate any advice you could provide.

 

When will your current status expire? And which country are you from originally?

[Ally56 0]

 

51 minutes ago, appleblossom said:

 

When will your current status expire? And which country are you from originally?

My current F-1/OPT status is valid until February 2027. I am originally from Azerbaijan.

Edited 37 minutes ago by Ally56

[appleblossom 5,953]

17 minutes ago, Ally56 said:

 

My current F-1/OPT status is valid until February 2027. I am originally from Azerbaijan.

 

OK, so you need to file asap. At the moment, your visa category (F2A) is current on the Visa Bulletin, meaning you can file for AoS if you're on a valid status in the US (even though you're not an immediate relative) but that doesn't happen very often. There's normally quite a long wait to file AoS for spouses of GC holders, so take advantage of it while you can!

 

At the moment, Azerbaijan is on Trump's visa ban list, so just keep an eye on that as well.

 

Good luck.