Anybody familar with F-1 visa apply for AOS?

[Brightstar 0]

Hi,

This is my first post here! I have a couple questions regarding AOS

So right now I am a F-1 holder and my visa will expire in July 2009 -- I will start my OPT from August 2008 till Augiust 2009. My question is if i apply for AOS around april or may of 2009, will i be ok? I won't fall out of status, correct?

Also, after I apply for AOS and receive the reciept notify me that my case is pending, do I still have to follw the regulation of F-1 visa?

Thank you so much in advance!

[EstebanTrabajos 7]

I was a F-1 student on OPT before filing. My OPT was, actually is, going to expire on June 2008 but we married on October 2007. So far I've take the biometrics, received a new EAD card which now will expire on Jan 2009 and they have scheduled our interview for Apr 2008. As long as you prove that the main reason to come to study wasn't related at all to getting married, it is ok since you have been living and maybe working legally in this country, but destiny put your future spouse in your way As soon as you get married and file before your OPT expires I would tell you are fine.

Good luck!!

[EstebanTrabajos 7]

Actually is not to prove, because sometimes is impossible to prove your interest for coming to this country but if you can explain them and tell them that your main objective was to STUDY not to MARRY you are fine.

[Brightstar 0]

Thank you for your replies! I really appreciate your time! Yeah, i have been here for almost five years now..now I know that i need to file before my visa is expired which is July 2009 So when you file the paperwork for AOS, did you still go to school and remain as F-1 student?

[EstebanTrabajos 7]

Well since I graduated on May 2007, and started my OPT right after, around June 07. I was already done w/school and working for a company (sucky job by the way, I got the hell outta there as soon as I could, right now I have a WAY better job hehe). You don't have to file before your visa expires, as long as your OPT is valid, there is no inconvenience regarding your legal status here. As I said, I filed when I was on OPT 5 months after graduation.

I filed the paperwork on Oct 07.

Edited February 17, 2008 by GueraYTavo

[Brightstar 0]

Thank you! and I am glad you get a better job..HA!

Well, the thing is that we are actually gettigng married at the end of this month but we are not living together yet (he is in the navy station in California,and I live in Nevada) So i am not planning to move there until next year (either around jan or march of 2009), so i dont know if i should file AOS right after we got married OR when we live together and have the same address???

[mariapoe 0]

I was a F-1 student on OPT before filing. My OPT was, actually is, going to expire on June 2008 but we married on October 2007. So far I've take the biometrics, received a new EAD card which now will expire on Jan 2009 and they have scheduled our interview for Apr 2008. As long as you prove that the main reason to come to study wasn't related at all to getting married, it is ok since you have been living and maybe working legally in this country, but destiny put your future spouse in your way As soon as you get married and file before your OPT expires I would tell you are fine.

Good luck!!

Hi, I have a question. I've just got my K1 and I'm flying to US next Sat. I was reading the posts about AOS and realised that I've also once had an EAD when for my OPT. It expired long time ago - Oct2007. I'm just wondering, when applying for EAD along with AOS, would it be called getting a new EAD card or a renewal of an existant one? Do you have any idea about it? I also hope that I'll find my old EAD because, as the instructions to i--175 state, I'd need to submit a photocopy of it. I've left America about eight months ago and cannot remember where I put it

Thanks

Woops! I meant my OPT expired Oct2006...

[sikora 0]

Hi, I have a question. I've just got my K1 and I'm flying to US next Sat. I was reading the posts about AOS and realised that I've also once had an EAD when for my OPT. It expired long time ago - Oct2007. I'm just wondering, when applying for EAD along with AOS, would it be called getting a new EAD card or a renewal of an existant one? Do you have any idea about it? I also hope that I'll find my old EAD because, as the instructions to i--175 state, I'd need to submit a photocopy of it. I've left America about eight months ago and cannot remember where I put it

Thanks

Woops! I meant my OPT expired Oct2006...

I am also F-1. On my EAD application I put "new EAD" since I am now applying based on a new condition (marriage to a U.S. citizen versus the previous one of student on OPT).

[EstebanTrabajos 7]

Thank you! and I am glad you get a better job..HA!

Well, the thing is that we are actually gettigng married at the end of this month but we are not living together yet (he is in the navy station in California,and I live in Nevada) So i am not planning to move there until next year (either around jan or march of 2009), so i dont know if i should file AOS right after we got married OR when we live together and have the same address???

That really doesn't matter because the sooner you file, the sooner you will get your greencard. We had scheduled the wedding and the filing of papers until Dec but because I really hated my job and seeing the increase in the amount of applications triggered by the fees increase, we decided on marrying 3 months before and god we are glad we did, now I'll get the green card around April 08 instead of July of mayber later this year if we would've waited longer. Since you are going to get married to an active military guy, you shouldn't fear any type of denial since you can explain to the USCIS officer the reasons why you are not living together. I mean, if you don't have anything to hide and your marriage is based on a true loving relationship, I don't see any reason for denial.

Of course you need utilities under both your names but the fact that you live far apart doesn't avoid your spouse to add you to a bank account, health insurance, car insurance, retirement plan as a beneficiary and all those things are proof to show the veracity of your relationship.

[EstebanTrabajos 7]

Good luck!!

Hi, I have a question. I've just got my K1 and I'm flying to US next Sat. I was reading the posts about AOS and realised that I've also once had an EAD when for my OPT. It expired long time ago - Oct2007. I'm just wondering, when applying for EAD along with AOS, would it be called getting a new EAD card or a renewal of an existant one? Do you have any idea about it? I also hope that I'll find my old EAD because, as the instructions to i--175 state, I'd need to submit a photocopy of it. I've left America about eight months ago and cannot remember where I put it

Thanks

Woops! I meant my OPT expired Oct2006...

Correcto! This new EAD is not related at all to your other EAD, this is a family-based work permit. Therefore, is a new EAD not a renewal.

Edited February 18, 2008 by GueraYTavo