AOS application

[mike3029744 0]

Hi everyone,

I have some questions regarding to AOS application, and hopefully, I will get helpful advices which I really appreciate. This is my situation:

I've been here for several year under F1 student visa, and about to graduate and ready for my OPT (Optional Practical Training after graduation - 1 year). That means after one year of OPT, international students have to go back to their country. However, I'm planning to get married to my girlfriend who is US citizen and apply for AOS very soon. My questions are:

1. Can I start my AOS application when I'm on OPT? or Do I have to wait when my OPT period is ended then I will file for AOS?

2. Suppose I apply for AOS, but I don't get approval before my OPT period, does that mean I will have to go back to my country waiting for the approval? or I can overstay here waiting for AOS approval even when my OPT time is done?

3. To start the AOS application, what should my wife and I do first? What's the process of applying for AOS?

I'm so confused, therefore, if anyone out there has any idea, pls help me out. Thanks

Mike

[kim&james 0]

Do you have a home residency requirement? You might need to have a consult with a immigration attorney for this one .

[Caladan 19]

I am reasonably, though not 100% certain, that the F-1 does not carry a home residency requirement. The J-1 does, but the F-1 doesn't.

Anyhow, to answer your questions.

1) You don't have to wait to file. Lots of people adjust off of F-1 visas.

2) Once you've filed for AOS, you're permitted to stay here legally until the process finishes. So if you file and your F-1 expires, you'll be able to stay until they give you the greencard.

3) Check out the guides here, but as someone in country on a student visa, you'll be following the path that has you file AOS and the I-130 concurrently.

Things I am not sure about:

1) F-1 is not a dual-intent visa. That's likely not a problem for you as far as filing goes, because your intent to marry and remain likely developed after you entered the U.S. and met your girlfriend, but once you file, you shouldn't leave the country until you have the green card. I think if you leave with the F-1 and a pending AOS package without advance parole, they might not let you return.

This might be something to take into account, e.g., if your new job requires international travel.

A lawyer might be helpful, but if I were you, I'd start by talking to your university's international students department. Ours has lots of experience in helping people with visas since that's the issue most likely to give a new student a headache.

[mike3029744 0]

Hi Caladan,

Thanks for your info. So, according to your opinion, whether I file for AOS when I'm on OPT or when my OPT is ended, I'll still be allowed to stay here waiting for the AOS approval even when my F1 status is still valid or not? However, do you think that is a good idea for me to file for AOS at the beginning of OPT or at the end of OPT?

Suppose I file for AOS at the beginning of OPT, does that mean I will have to give up the rest of my OPT time? Will I still be able to work under OPT EAD (old I-765)? or I should apply for another new I-765 (for work permit) together with the whole AOS process and wait for it?

Is there any time gap in between the old and new I-765 that I will have to stop working waiting for the approval for the work permit?

Looking to hearing from you soon. Mike

[Caladan 19]

I am pretty sure that you'd be able to work under your F-1's EAD (assuming you're still in status for that) while the EAD based off of your AOS was pending (just because H1s and K-1s and L-1s who are working don't have to stop just because they file for AOS, and none of my friends who were on Fs had to stop working.), but that would be another good question for your university counselors, because there could be something specific to the F I don't know about. Once you have the EAD for the AOS, you'd want to update your employer's records.

If I'm right, there wouldn't be a gap, assuming your F-1 didn't expire while the AOS EAD was pending. You'd just move from one to the other once you had the new authorization.

[mike3029744 0]

Hi Caladan,

Thanks for your info. I got it quiet clearly. But, I will double check it with my school and will update it here for you as well as other members can know. Again, thank you for your info. Mike