Adjustment of F1 to Marriage status

[myrangoon 0]

I am a US citizen, recently married in July to my wife in Texas, who came here with F-1 in April'09. It's now September and we haven't applied required forms and documents yet. I would appreciate very much if you could answer the following questions.

1) Is it okay to file this late? or how late we can apply since I travel quite alot and not much time to put things together.

2) what specific forms and supporting documents will be needed, and is it necessary to file these applications concurrently?

3) where and how long it takes to get the medical examination report for my spouse, beneficiary?

4) Can she travel in the US with her foreign passport alone?

5) Can she work while waiting for application approval?

5) does she need to file another form to be able to work while waiting for GC for 2 years?

Thank you so much in advance.

Thom

[payxibka 10,047]

You can start by reading in the "Adjustment of Status from Work, Student, & Tourist Visas" forum... Many people in similar situation have gone before you.

To answer some of your questions

1) Is your wife still maintaining a valid F-1?

2) I-130 & I-485 and all supporting evidence are required. I-765 is optional

3) Go to the USCIS website and find the Civil Surgeon locator put in your zip code

4) Sure

5) Not unless she is work authorized

6) Yes, see optional form listed in #2 above

moving thread from K-1 forum to AOS forum

Edited September 10, 2009 by payxibka

[myrangoon 0]

Thanks alot. Did you mean #1 that if she's still attending the school? She went the summber one, and now she's not attending. She just stays home while preparing these paper work. But on her passporst, she's given for 5 years re-entry till 2014. What I mean is if she can stay in the US w/o attending the school and while applying for the status change.

Thanks again.

MR

You can start by reading in the "Adjustment of Status from Work, Student, & Tourist Visas" forum... Many people in similar situation have gone before you.

To answer some of your questions

1) Is your wife still maintaining a valid F-1?

2) I-130 & I-485 and all supporting evidence are required. I-765 is optional

3) Go to the USCIS website and find the Civil Surgeon locator put in your zip code

4) Sure

5) Not unless she is work authorized

6) Yes, see optional form listed in #2 above

moving thread from K-1 forum to AOS forum

[NycBra 4]

Thanks alot. Did you mean #1 that if she's still attending the school? She went the summber one, and now she's not attending. She just stays home while preparing these paper work. But on her passporst, she's given for 5 years re-entry till 2014. What I mean is if she can stay in the US w/o attending the school and while applying for the status change.

I am not an attorney so this is what I THINK it happens. If you are in the country as a F1, you have to keep status (take 12 credit course load). At least that's what happened to me when I was a F1 student. During summer I didn't have to study because it was not part of my program, but in the Fall I returned to my masters program and had to enroll in at least 12 credits. She should read the requirements and obligations of a F1 visa, and how to keep status, etc.

So, if she does not want to attend school anymore she/you should file the AOS asap. AS the other person mentioned, read the FAQs and all the instructions. If she wants to work while she awaits, she needs to file a work authorization permit. But she can only work AFTER she receives that.

But usually if you are on F1 and on status, you are permitted to work after you complete your first year at the program for up to 1 year (I forgot the name of the document, but the school which issued her I-20 should be able to help out with that, IF she is studying and keeping status.

[myrangoon 0]

Nycbra, thank you for sharing your experience. It's helpful. I wonder if it is a MUST to file the I-130 and I-485 concurrently though. Completing the I-485 will take some time as it involves the medical examination and other documents.

Thanks alot. Did you mean #1 that if she's still attending the school? She went the summber one, and now she's not attending. She just stays home while preparing these paper work. But on her passporst, she's given for 5 years re-entry till 2014. What I mean is if she can stay in the US w/o attending the school and while applying for the status change.

I am not an attorney so this is what I THINK it happens. If you are in the country as a F1, you have to keep status (take 12 credit course load). At least that's what happened to me when I was a F1 student. During summer I didn't have to study because it was not part of my program, but in the Fall I returned to my masters program and had to enroll in at least 12 credits. She should read the requirements and obligations of a F1 visa, and how to keep status, etc.

So, if she does not want to attend school anymore she/you should file the AOS asap. AS the other person mentioned, read the FAQs and all the instructions. If she wants to work while she awaits, she needs to file a work authorization permit. But she can only work AFTER she receives that.

But usually if you are on F1 and on status, you are permitted to work after you complete your first year at the program for up to 1 year (I forgot the name of the document, but the school which issued her I-20 should be able to help out with that, IF she is studying and keeping status.

[payxibka 10,047]

No, but it is best because then they will "travel" together.... otherwise the I-130 might get sent to NVC in anticipation of your wife needing a visa (which she does not) and then you will need a file a form to get it moved back to the USCIS.

Nycbra, thank you for sharing your experience. It's helpful. I wonder if it is a MUST to file the I-130 and I-485 concurrently though. Completing the I-485 will take some time as it involves the medical examination and other documents.