GreenApp

My husband is also adjusting status from an F-1 visa, and so far so good (our interview is in a few weeks). I just want to note that you don't need to worry about your student visa expiring, as long as you stay legal with a valid I-20 or OPT. My husband's visa expired several years ago, but he's still fine.

Hi everyone,

I am ready to file for AOS and have filled out all the forms for my fiancée. I am going to file the I-1485 concurrently with the I-131, but part 7 of form I-131 has me confused/worried. It states:

On a separate shee(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole. Include copies of any documents you wish considered. (see instructions).

The instructions state:

C. Advanced Parole Document

1. If you are in the United States, you must attach:

a. A copy of any document issued to you by

USCIS showing your present status in the

United States; and

b. An explanation or other evidence showing

the circumstances that warrant issuance of an

advance parole document; or

c. If you are an applicant for adjustment of

status, a copy of a USCIS receipt as evidence

that you filed the adjustment application

I can definitely attach the approval notice for the K-1 visa. However, I don't know what evidence I can give showing the circumstance (other than a statement saying she has been here for over a year without seeing her family). Similarly, how can I have a copy of a USCIS receipt as evidence that I filed an AOS if I am filing both these form concurrently (which is allowed).

PLEASE HELP!!

For evidence of circumstance, we submitted a letter saying that my husband had been here for five years without seeing his family. Also you do not need to send the USCIS receipt if you are filing concurrently.

This worked for us - he received advance parole and we just returned from a visit with his family!

Best of Luck!

Can anyone help please. I am in the process of AOS and dont know which form i need ro do tax return. Or do i need to even do a tax return?? I do not work and never have in the USA. I have however paid a small amount of tax on some savings. Can someone advise me on what to do.

Thanks

Chapelashelle.

I'm not sure, but I'm guessing you are referring to the Affidavit of Support form. USCIS likely assumes you have not been working since you don't have EAD, so the tax returns they are asking for are from your spouse. Generally your spouse has to file their recent returns to show that they have enough money to support you. Basically, if you have no income, then you would not need to send in copies of your tax returns, only your spouse's return.

Thanks for all the replies, it helped out a lot.

I am looking at her visa and it actually says it expired in May of 2007. Does that matter as long as she is still going to school? The visa class says "F1". How does that fit in with the K-1 or K-3 I keep reading about? One person in this thread linked to the I-130, it warns a lot about filing it falsely, do I need to go to an immigration lawyer in order to find out if I am allowed to file it? Sorry if I sound too stupid.

I'll keep reading these forums to learn more about the process, thanks a lot!

My husband is adjusting from an F-1 visa right now, so I know what you're going through! (We have our interview in a few weeks).

You don't need to worry about getting a new visa (like the K-1 or K-3, those are for bringing a spouse or fiance who are currently residing outside the U.S.)

As long as she is still in school now, and has a valid I-20, then it doesn't matter if her visa expired in May 2007. My husband's visa expired nearly 4 years ago, but he has maintained legal status by remaining enrolled in school, or with an OPT. As long as she has maintained legal status in this way since her visa expired (or at least until you got married), then that is fine.

Please ask any other questions - in my experience, adjusting from an F-1 visa has really been quite easy. You may have to prove that she did not enter as a student with the intention to marry you - that would be visa fraud - but I'm guessing this isn't a problem.

Good luck!

I have been in almost the same situation as you - I graduated from college last May, then got married with a civil ceremony in August, then held a wedding with family and friends in October.

As far as employment, I also only worked part-time during college and made far less than the 125% they require. I included copies of my tax returns for the past three years even though they didn't meet requirements. I also wrote a letter explaining that I had just graduated from college and now had a full time job (that is above 125%). I included pay stubs from my new jobs and a letter from my employer stating my dates of employment and salary. I'm pretty sure this works - we have the AP and EAD and are waiting for an interview date, but have not received a request for proof of income.

Also, unless you have a complicated case or have extra money to spend, I would not bother with a lawyer (this is just based on my experience!) My husband is adjusting from an F-1 student visa and has not been out of status during his time in the country. I spent an afternoon printing out all of the forms, reading the fine print, and making myself a checklist, and although it seems complicated, it's not so bad. This site has a lot of great resources as well (although I did not discover it until after I filed my package!).

Good luck + I'm happy to help with any questions!

Yes, he has always had a valid I-94, so it looks like he's good.

Thanks!

My husband came here several years ago on an F-1 student visa. The visa was originally for ESL school for 3 months, but then he continued to enroll in another school and get his Associates Degree, then got his OPT, and is now getting his bachelors. He has been 'in status'/enrolled in school the entire time before we met and got married, but his visa had technically expired (so he was not allowed to leave and then reenter the country).

My question is this: We have now applied for AOS and received his AP. Is it safe for him to leave the country and reenter with the AP document? It seems like this is the whole purpose of the AP, but I have also heard that it is not safe for him to leave because his visa is technically expired.

Worst case scenario we could wait until he gets the GC (we don't even have the interview date yet), but he is really itching to go home and visit.

Anyone have advice/experience with this?

Thanks!

My husband came here several years ago on an F-1 student visa. The visa was originally for ESL school for 3 months, but then he continued to enroll in another school and get his Associates Degree, then got his OPT, and is now getting his bachelors. He has been 'in status'/enrolled in school the entire time before we met and got married, but his visa had technically expired (so he was not allowed to leave and then reenter the country).

My question is this: We have now applied for AOS and received his AP. Is it safe for him to leave the country and reenter with the AP document? It seems like this is the whole purpose of the AP, but I have also heard that it is not safe for him to leave because his visa is technically expired.

Worst case scenario we could wait until he gets the GC (we don't even have the interview date yet), but he is really itching to go home and visit.

Anyone have advice/experience with this?

Thanks!

My husband has an AOS application pending and just completed his medical exam (I-693). The medical exam was ok, but on the immunization form the Dr. checked "Applicant does not meet immunization requirements" and circled Polio and Varicella (my husband has lived here for 5 years and does not have his childhood vaccination records).

If I understand correctly, he does not need Polio/IPV since he is over 18 (although the DR. did NOT check off 'Not appropriate for age'). Does he need Varicella? He had chicken pox as a kid but does not have an actual record of it.

Take a look at the age appropriate vaccines listed at CDC and spend sometime looking at their website

http://www.cdc.gov/vaccines/recs/schedules...edule-6x4-5.pdf

If your husband had chicken pox before then he doesn't need Varicella atleast that's my understanding but CDC doesn't offer anything more: http://www.cdc.gov/vaccines/vpd-vac/should...c.htm#varicella

Thanks. I did actually read a lot on the CDC website before posting here - that's what got me confused. On the instructions for the civil surgeons, it says to check "Applicant does not meet immunization requirements" only when the applicant is missing a requirement and also refuses to have the vaccination. They didn't offer to give my husband any vaccines, or even tell him taht he needed any. I'm thinking this must be a Dr.'s error, which is disappointing since they should know these things...

My husband has an AOS application pending and just completed his medical exam (I-693). The medical exam was ok, but on the immunization form the Dr. checked "Applicant does not meet immunization requirements" and circled Polio and Varicella (my husband has lived here for 5 years and does not have his childhood vaccination records).

If I understand correctly, he does not need Polio/IPV since he is over 18 (although the DR. did NOT check off 'Not appropriate for age'). Does he need Varicella? He had chicken pox as a kid but does not have an actual record of it.

Should we still submit the form even if it says he did not meet immunization requirements? The Dr. said nothing about needing to get these vaccinations done, I just happened to look at the copies of the completed forms he gave us. I was under the impression that if there were any necessary vaccinations that needed to be done, the USCIS civl surgeon would administer them. Instead he said nothing and the 693 supplemental form says applicant does not meet requirements.

Has this happened to anyone else? Not sure what to do...