morgonzo

Intent, by itself, is not a big enough of a negative factor to deny AOS. However, in getting the new paperwork, were there any questions about her marital status, and what did she say?

Why did your taxes say single?

I filed as single because I had read on here that I should... clearly incorrect. I have since refiled an amended form for Married Filing Jointly - but when I went to get a transcript to send along with the packet, they gave me the original - so I guess they haven't updated their records fully? And yea, she check "married" on her EAD application form.

So: calm down and be VERY patient.

Did she apply for AP also? And your wife should not leave the US until she has her AP or green card in hand now.

Yup yup - thanks! I guess I'm still concerned that because she left and returned after we were married (while still in F-1 status and with a valid 1-20 in hand for reentry) they will count that as intending to immigrate...

So, her AOS is based on being married to you? Have you submit a I-130 too? http://www.visajourney.com/content/i130guide2

Did she also apply to renew her EAD? Because the AOS process may take a long time.

Yes, yes and yes

Mailed I-485 / Married / EAD Expiring / ETC

*Left while in F-1 while married / returned with I-20

Ok, that basically summarizes our situation. I've posted several times in regards to the above the difference now is that we've mailed out the AOS packet. Sooooo, in a nutshell: I'm a US citizen, she's a French ex-pat, she came here in F-1 status for her MBA, we met after her first semester here, fell in love (aww), got married (while in F-1), she returned to France with a signed I-20 for re-entry, came back, applied for EAD via OPT, has been working since March 2012 upon receiving her EAD, EAD expires in Jan, AOS packet mailed today... Concerns: Tax return says "single" whilst we were married (has since been amended for "Married filing jointly" but we haven't received the update yet), and her leaving and returning(we met after she initially got here, and have extensive proof/pics/docs/etc). Can someone please analyze this and tell me to calm down and just be patient :)? Thanks guys!! You're the best!!

-Morgan

NOTE*** the signed I-20 was based upon her returning to finish her studies, graduate, and participate in the OPT program with her EAD

Mailed I-485 / Married / EAD Expiring / ETC

*Left while in F-1 while married / returned with I-20

Ok, that basically summarizes our situation. I've posted several times in regards to the above the difference now is that we've mailed out the AOS packet. Sooooo, in a nutshell: I'm a US citizen, she's a French ex-pat, she came here in F-1 status for her MBA, we met after her first semester here, fell in love (aww), got married (while in F-1), she returned to France with a signed I-20 for re-entry, came back, applied for EAD via OPT, has been working since March 2012 upon receiving her EAD, EAD expires in Jan, AOS packet mailed today... Concerns: Tax return says "single" whilst we were married (has since been amended for "Married filing jointly" but we haven't received the update yet), and her leaving and returning(we met after she initially got here, and have extensive proof/pics/docs/etc). Can someone please analyze this and tell me to calm down and just be patient :)? Thanks guys!! You're the best!!

-Morgan

NOTE*** the signed I-20 was based upon her returning to finish her studies, graduate, and participate in the OPT program with her EAD

NOTE*** the signed I-20 was based upon her returning to finish her studies, graduate, and participate in the OPT program with her EAD

Mailed I-485 / Married / EAD Expiring / ETC

*Left while in F-1 while married / returned with I-20

Ok, that basically summarizes our situation. I've posted several times in regards to the above the difference now is that we've mailed out the AOS packet. Sooooo, in a nutshell: I'm a US citizen, she's a French ex-pat, she came here in F-1 status for her MBA, we met after her first semester here, fell in love (aww), got married (while in F-1), she returned to France with a signed I-20 for re-entry, came back, applied for EAD via OPT, has been working since March 2012 upon receiving her EAD, EAD expires in Jan, AOS packet mailed today... Concerns: Tax return says "single" whilst we were married (has since been amended for "Married filing jointly" but we haven't received the update yet), and her leaving and returning(we met after she initially got here, and have extensive proof/pics/docs/etc). Can someone please analyze this and tell me to calm down and just be patient :)? Thanks guys!! You're the best!!

-Morgan

Okay - I need some more clarification -

So if she is sponsored with the H-1B visa through work, and she is already married to me, can she apply for the greencard herself? or will her employer have to file the paperwork for her? from what i understand, she may not be granted an H-1B due to the fact that we got married while she was on an active F-1 and left only to return to finish school invalidating her status because it would appear that she would eventually want to apply for a greencard? (am i right about this? if a non-immigrant marries, leaves and returns, isn't their assumption that she wants to immigrate? isn't this exactly what a non-immigrant is suppose to NOT do?) So, summed up, will having been married on an F-1, leaving without filing AOS, and returning make it impossible to be sponsored with an H-1B or make it impossible to immigrate via her H-1b (and, again, will she be able to file for AOS or will her employer have to?)? I realize i just completely repeated everything, to clarify my lack of knowledge, and to try to better understand my question...this is one of the more confusing subject matters i've dealt with. thanks!

thanks so much "little my" - I was hoping you would reply. you're like everyone's guardian angel on these forums, taking care of everybody and such. thank you for the time you put into helping everyone out - you're doing a great thing. -cheers

Okay - in a nutshell:

My fiance and I married while she was in F-1 status (I am American) with the intention of filing for AOS before she returned home to finish her studies in France. We ran out of time, didn't file for AOS before she was due to leave.

She has since returned to France and is returning next week - I was there visiting last month and had a wonderful time. Prior to leaving she was able to get a new I-20 document allowing her to return to finish her studies. Again, we are already married, and I'm reading all over the place that we are going to have problems - please help out with as much info as you can divulge.

As stated prior, she has a job offer, and they are likely going to sponsor her with a H-1B work visa - if they don't she will apply for OPT and get her EAD to work and eventually be sponsored with an H-1B. Our main concern now is filing for the I-485 - will it be immediately denied and will she then be deported/banned reentry due to the fact that we married before she left and is now returning with what they assume to be the "intention to immigrate"??? what are our options?? she stays as long as she can with the H-1B and then eventually return home and we file the CR-1?? or is the only option for us to share a nationality me getting my french citizenship?? please be descriptive - thanks!

Update ---

She has returned to France - I was there visiting last month and had a wonderful time. Prior to leaving she was able to get a new I-20 document allowing her to return to finish her studies. Again, we are already married, and I'm reading all over the place that we are going to have problems - please help out with as much info as you can divulge.

She has a job offer here, and they are likely going to sponsor her with a H-1B work visa - if they don't she will apply for OPT and get her EAD to work and eventually be sponsored with an H-1B. Our main concern now is filing for the I-485 - will it be immediately denied and will she then be deported/banned reentry due to the fact that we married before she left and is now returning with what they assume to be the "intention to immigrate"??? what are our options?? she stays as long as she can with the H-1B and then eventually return and we file the CR-1?? or is the only option for us to share a nationality me getting my french citizenship?? please be descriptive - thanks!

it went through the wash

Is my passport too damaged? tell me of your successes and failures at various ports of entry. thanks!

I have been reading all over the place that you can, ideally, get a job that is non-related to your area of study and no questions will be asked when applying for your OPT/EAD authorization. Can anyone here back that up? thanks!

-F

Hey all -

So I have completed my MBA in the States but need to return to France to finalize everything, attend a wedding, see family, etc. I will be applying for OPT/EAD shortly so I can return and get some work experience. My husband has more or less secured a job for me at his place of work, or so it seemed. His boss is ready to offer me employment, but she says she cannot offer it because I don't have a work visa. It very well may be that she is not aware of the implications of the OPT/EAD verses a traditional work visa - so here's my question: can she make a conditional job offer contingent upon the authorization of my OPT/EAD? Please reply with as much information about the job offer and any restrictions involved - she genuinely wants to be able to offer me employment, she just needs to better understand our situation - as do we. thanks a bunch guys,

-F

Like I said to get the OPT in motion you don't need to have a job but to be able to return to the US and have to OPT you need a letter of employment (on letterhead) written by the company you are working for. That is what I was told a couple of yrs ago when I had plans to travel back home but was on OPT. And was also told that I might not be let back in the country (my F1 visa had expired since I graduated and all I had was the OPT).

That is what I was the advised by the international adviser at my University.

http://www.cgu.edu/PDFFiles/International/Travel%20While%20on%20OPT.pdf

okk - thanks for the info!

First of all, if she is your WIFE why don't you guys go ahead and petition for GC. I went the F-1, OPT, H1B route and it is not easy (not to mention expensive and full of worry).

To answer your question- she can start looking but needs to inform the prospective employer when she will be able to begin work because you are not allowed to start before you actually have the Work Permit. I applied for it while the semester was still in session and got it right at the end of the school year ( did not take long for me at all to receive it) and when I applied I did not have a job lined up just yet but was looking for one.

P.S traveling on expired student visa (when you have graduated) even though you are applying for OPT is tricky business. As far as I know you have to have an employment letter to be able to return to the states if you have left and have the OPT. And renewing I20 is no longer an option since in order to get OPT you have to graduate and you are no longer a student.

She can't apply for the GC because she has to return to France in July to finish her studies - its not an option. So the OPT is the only viable option considering we don't wan to spend 6-18 months apart via the CR1 process. Again, I am aware that you can travel while the OPT is pending, but is it imperative to have a letter of employment in order to get the OPT in motion? Or can she begin looking for employment after the OPT and EAD has been granted? thanks again

Hey guys - my wife is here on a student visa and is in the process of getting her OPT set up. She has to return to France to finish her studies in July and is planning to return to the States in September. Our concern is if she can leave, get the OPT started, update the I-20, etc, etc, before getting a letter of employment - in other words, can she start looking for work/internships after she returns with a pending OPT (I know you can travel while its pending, but can you even apply for OPT before getting the "letter of employment"?) or will she have to find a job before the ISS lady will even sign/renew her I-20 and start the OPT paperwork? Thanks a lot!

-Morgan

http://www.ice.gov/sevis/travel/faq_f2.htm#_Toc81222042

2.N. Can I reenter if my request for OPT is pending?

Yes, you may reenter to search for employment.

nevermind - you already clarified this! sorry

ok - so to further clarify how the I-20 works: is the signature the only thing required to re-enter @POE? and then, after she has re-entered she can receive her EAD and start her OPT? Does it count as abandonment if she leaves with only the update I-20 and no EAD?

Thanks so much - you're the best!

Can she receive her EAD or OPT while she's abroad and return?? If she has her biometrics meeting before she leaves to return to France, that is??

She is here completing her MBA and has the option to apply for the OPT if she can get an internship. The form (I-20 methinks) has 5 lines for signatures on it - every signature extends her visa for another year. The visa potentially expires in 2015 if she had signatures that would allow for this - otherwise it will expire when she leaves POE. We are definitely in a bind.

Really, the big question is whether she can get sponsored for a work visa even though she has married me, a USC (?). We are worried that she would be denied because she has already married a USC and will eventually want to immigrate, even though this was never her intention prior to coming here - of course, upon her re-entry it would then be her intention.

I think she will try to shoot for the OPT so we won't be separated for 9 months and just file the I-485 immediately as she returns. She leaves on July 10th and is planning to return Sept. 1 - is this even possible? can she get her OPT/EAD squared away before then?

Thanks guys - this site is awesome

It should also be noted that she still needs to apply for an OPT and receive a EAD card: will her trip to France in July (ideally returning Sept.1) make her EAD and OPT invalid? or can you freely travel once you've been granted these?

Hi all - sorry if we're beating a dead horse here but here goes. . .

My wife and I got married last month hoping to file the I-485 before she has to return to FR to finish her studies in July. She is currently here on a F1 student visa that expires in 2015 contingent upon I-20 signatures that can extend her stay for 6-12 months per signature - for internship opportunities. We realized that she wouldn't be receiving her I-131 to travel freely between the US and FR before July and would have the I-495 rejected due to abandonment of AOS.

What do we do??

We don't really want to spend a year apart if we can avoid it - I'm being told that our only option is for me to file the I-130 after she's returned, then she'll file the CR1 in Paris - and 1 year down the road we'll be together again.

Can she not get an internship, have her I-20 signed and return without running into problems at the POE?

Can she not get a job and receive a work visa?

What are our options??

Please hellllp!

thanks