timelines for marrying a F1 student visa???

[Josh&Sindy 0]

My wife came to Atlanta for school in mid-April. We met at my church, dated, then got married on Nov. 22. However, she finished school on Oct. 17. She was taking English classes and was going to transfer to a degree program. Her English school told her she had 60 days to transfer, but we got married within that 60 days. Also, we sent in the AOS on Dec. 13 (before that 60 day window to transfer). Also note: since we got married we made a financial decison to take a break from school. My understaing of her F1 student VISA is that she can stay here as long as she's going to school. So, I'm waiting to hear back from USCIS on the approval, but i just wanted to see if anyone could tell me if we're ok. I know if they approve the application then she'll be I-45 status pending, and she'll be good to stay here. Thanks in advance for your replies.

-Josh

[YuAndDan 153]

Once AOS is pending she can remain as long as it takes for USCIS t make a decision on the I-485.

You did file an I-130 along with the I-485.

Lastly, keep in mind AP is required to be able to travel while AOS is pending, even though the F-1 may be valid and is multi-entry, AP is still required to travel out of the USA and return. Doing so without AP is ABANDONING the AOS.

To file for AP simply file an I-131 to the Chicago PO BOX and include a copy of I-485 NOA1 receipt letter.

You can look up timelines here: http://www.visajourney.com/timeline/aoslist.php?cfl=

And also look at processing tome to I-485 here: https://egov.uscis.gov/cris/processTimesDis....do?type=office

http://www.visajourney.com/timeline/profile.php?id=58985

Edited December 17, 2008 by YuAndDan

[panpan 0]

I know that you keep F-1 as long as you are approved for I-485, but what if you are not approved. then can you go back to F-1 and stay in college??

Once AOS is pending she can remain as long as it takes for USCIS t make a decision on the I-485.

You did file an I-130 along with the I-485.

Lastly, keep in mind AP is required to be able to travel while AOS is pending, even though the F-1 may be valid and is multi-entry, AP is still required to travel out of the USA and return. Doing so without AP is ABANDONING the AOS.

To file for AP simply file an I-131 to the Chicago PO BOX and include a copy of I-485 NOA1 receipt letter.

You can look up timelines here: http://www.visajourney.com/timeline/aoslist.php?cfl=

And also look at processing tome to I-485 here: https://egov.uscis.gov/cris/processTimesDis....do?type=office

http://www.visajourney.com/timeline/profile.php?id=58985

[Josh&Sindy 0]

Once AOS is pending she can remain as long as it takes for USCIS t make a decision on the I-485.

You did file an I-130 along with the I-485.

Lastly, keep in mind AP is required to be able to travel while AOS is pending, even though the F-1 may be valid and is multi-entry, AP is still required to travel out of the USA and return. Doing so without AP is ABANDONING the AOS.

To file for AP simply file an I-131 to the Chicago PO BOX and include a copy of I-485 NOA1 receipt letter.

You can look up timelines here: http://www.visajourney.com/timeline/aoslist.php?cfl=

And also look at processing tome to I-485 here: https://egov.uscis.gov/cris/processTimesDis....do?type=office

http://www.visajourney.com/timeline/profile.php?id=58985

We do not plan on travelling, and Yes we did file the I-130, and the I-864 support papers. My wife would like to be able to work. What form do we file for that?

I just hope the timing of everything was within the USCIS guidelines (whatever they are). Because she finished school on Oct. 17, and we got married on Nov. 22. However, her I-94 didn't have a return date, but her I-20 was current because her school said she had 60 days to transfer.

[YuAndDan 153]

We do not plan on travelling, and Yes we did file the I-130, and the I-864 support papers. My wife would like to be able to work. What form do we file for that?

I just hope the timing of everything was within the USCIS guidelines (whatever they are). Because she finished school on Oct. 17, and we got married on Nov. 22. However, her I-94 didn't have a return date, but her I-20 was current because her school said she had 60 days to transfer.

If you plan on travel while AOS is pending then file an I-131 for AP document, attach a copy of I-485 NOA1 letter to the I-131 their is NO fee when AP is based on a pending I-485.

F-1 cannot travel while AOS is pending without AP document.

[Ensamvarg 6]

Not an expert but these are my thoughts:

Once you file for AOS her F-1 status is gone and won't be coming back. If you're somehow denied she will have to leave and reapply.

Again, this is just my 2 cents and not an expert opinion.

Edited December 17, 2008 by Rogue

[EstebanTrabajos 7]

I really wouldn't know because even after I got my green card, the Office of International Programs wasn't advised I wasn't an F-1 anymore.