Just got my EAD in the mail. Now getting anxious over interview

[student24 0]

Hi Guys!! Just got my EAD in the mail. Don't know what to do with it thought.

I am currently F-1 student graduating in May 2010. Someone told me not to use the EAD because if the I 485 doesn't get approved I loose my F-1 as well and can't graduate.

My case is like this

I came to US on student visa in 2007. I got student visa eventhough I had pending I 130 from my mother who filled for me in 2005 and my sister who had filled for me in 2002. EMbassy did know about that but they gave me student visa. I was going to graduate this May 2010. In November 2009 priority date became current for my mother who had filled for me as son of permanant resident under 21. I qualified under CSPA to stay as F2A catagary. Applied for I 485 in November and now scheduled for my interview on feb 19th.

My question is should I submit my EAD to the school or I don't need to do that??

What would be the questions in the interview and would they deny my case since I came here on F1 and now filled for the adjustment of the status. I am in status with my F-1 visa. Still enrolled full time in school.

Please help me where can I find more info??

Thanks

Neha

[evilmonkee 0]

Neha,

I strongly encourage you to talk to an international student adviser. I was also F1, I AOS-ed through marriage without any issues, and I am still in school full time. When I talked to the advisers at my school, they told me that I can continue as F-1 until the adjustment is approved, and that I will be considered F1 during the adjustment process unless:

1-I use the advance parole to leave the country and return, in which case I would have been considered as "applicant for AOS" only

2-use the EAD to work for an employer other than the school

I work as a research assistant at my school, and I talked to the HR person who handles international student's paperwork. She made a copy of my EAD for her records, but told me that she will keep me as F1 student/ employee until the AOS is approved. I checked with the international student office and with a friend who also AOS-ed though marriage, and they both told me that that's standard practice for my school.

If you work for an employer other than your school (or your OPT employer) you will lose your F1 status.

3- Drop below full-time (i.e. not maintain my F1 status)

The area between F1 and AOS is somewhat muddy and different schools handle it differently. Some schools let you become a part-time student and charge you resident fees as soon as you get your EAD or your NOA1. My school only accepts copies of the approval notice or the actual card. Please talk to the advisers before you talk to anybody in HR or payroll. The international student advisers can tell you how your school handles situations like yours, and advise you how to proceed.

Edited January 30, 2010 by evilmonkee

[student24 0]

Thanks I will talk to my adviser. My interview is in 3 wks so, I will just not use my EAD or advance Parole...

How was your interview experience??

[evilmonkee 0]

Thanks I will talk to my adviser. My interview is in 3 wks so, I will just not use my EAD or advance Parole...

How was your interview experience??

Neha,

My interview was very easy. The IO asked me the yes/no questions from the I-485 form, then she asked us to give her a copy of our rent contract, insurance, and photos. Then she took out an approval form that was pre-stamped, explained that I will have to remove conditions in 2 years because I'm adjusting through marriage, had us sign it, and wished us a good day. The IO was very polite, and the interview lasted a total of 5 or 6 minutes.My interview was in the St Louis office.

If you are adjusting through a sibling or a parent, your interview will probably be slightly different. Make sure you you have a birth certificate or affidavits that show that you are related to your sister or mother. They might ask you questions about your childhood, any criminal history, your relationship with your parents/siblings, and their contact info, but this is just a wild guess.

Since you fully disclosed that you have pending I-130 petitions at your F1 interview, and you don't have to prove a bona fide relationship, I don't think you will have any problems. Make sure you bring everything that they ask for on the check list.

There is a poster in the August or September thread who petitioned for her parents who were already in the US, and she (he?) is from India, so they might give you more information about adjusting through a family member who is not a spouse. The poster's name is richa.

[Val Marty 1]

Neha,

My interview was very easy. The IO asked me the yes/no questions from the I-485 form, then she asked us to give her a copy of our rent contract, insurance, and photos. Then she took out an approval form that was pre-stamped, explained that I will have to remove conditions in 2 years because I'm adjusting through marriage, had us sign it, and wished us a good day. The IO was very polite, and the interview lasted a total of 5 or 6 minutes.My interview was in the St Louis office.

If you are adjusting through a sibling or a parent, your interview will probably be slightly different. Make sure you you have a birth certificate or affidavits that show that you are related to your sister or mother. They might ask you questions about your childhood, any criminal history, your relationship with your parents/siblings, and their contact info, but this is just a wild guess.

Since you fully disclosed that you have pending I-130 petitions at your F1 interview, and you don't have to prove a bona fide relationship, I don't think you will have any problems. Make sure you bring everything that they ask for on the check list.

There is a poster in the August or September thread who petitioned for her parents who were already in the US, and she (he?) is from India, so they might give you more information about adjusting through a family member who is not a spouse. The poster's name is richa.

I hope you don't mind if I ask a related question so I don't have to open a whole new topic for it.

Our lease (for the house we live in) is under my name because I moved when we were dating (only 2 months into it) so it was not a good idea to sign a joint contract. It has since been expired, meaning that we are not under contract anymore and we are going to move out to an apartment as soon as I get EAD and a job. I am afraid that if the interview is before that we will not be able to show a joint lease. Do you think this will be a big problem? I am going to add him to all the bills as they are also under my name currently. We are going to have a joint checking and maybe savings accounts. We also have the same address on driver's licences. Is this sufficient?

[student24 0]

Thank you all!! I am keeping my fingers crossed.

[evilmonkee 0]

I hope you don't mind if I ask a related question so I don't have to open a whole new topic for it.

Our lease (for the house we live in) is under my name because I moved when we were dating (only 2 months into it) so it was not a good idea to sign a joint contract. It has since been expired, meaning that we are not under contract anymore and we are going to move out to an apartment as soon as I get EAD and a job. I am afraid that if the interview is before that we will not be able to show a joint lease. Do you think this will be a big problem? I am going to add him to all the bills as they are also under my name currently. We are going to have a joint checking and maybe savings accounts. We also have the same address on driver's licences. Is this sufficient?

Val Marty,

I had a relatively easy interview, but some of the October filers got grilled, so IMHO it's always best to have too much evidence than too little. I only got asked for my rent contract and the life insurance, but some IOs asked for everything but the kitchen sink.

What you have sounds good (especially the driver's licenses).

Here are some more ideas :

1. In your signature you mention an expedite. Is your husband in the military? If yes, call and get USAA life insurance for him or for you. It's one of the few insurance companies that allows non-residents to buy life insurance, and military members get excellent rates. Having each other listed as beneficiaries is considered good evidence, and having life insurance that will cover at least funeral expenses is something that everybody should have.

2. You may be able to get joint car insurance, either through your current insurer or through USAA (if your husband is in the military). I actually switched to the joint insurance after the interview, but feel so stupid for not doing it sooner and for wasting so much money- the total cost for the joint insurance is less than my husband's previous premium alone.

3. Do you have renter's insurance? It's very easy to add both names to it, and it's something you should have anyways.

4. Have you made any major purchases out of the joint account (furniture, electronics, something with warranty)? Bring the receipts and the bank statements to show that the joint account is used for day-to-day expenses and for normal life expenses.

5. Affidavits from friends/family and pictures are secondary, but it doesn't hurt to have them.

We rent, so we didn't have joint mortgage/loans, and we're waiting for our tax refund to buy a new car, so we didn't have much joint property. I also didn't put my name on the utilities since it was a PITA to add it, and I kept my student insurance since it was much cheaper than paying into my husband's HSA. If you have any joint property or joint health insurance, that's great, if not, don't sweat it. They understand that you're a newly-wed and that you can't accumulate much joint stuff in couple months.

If you have time, skim through the October/Sept/etc threads to see what evidence the IOs usually want to see.

I also found this thread very helpful:

http://www.visajourney.com/forums/index.php?showtopic=220440

It's for removal of conditions, but a lot of it is applicable for AOS.

Last, but definitely not least, don't freak out, and don't forget that IOs are trained to read body language. You can fake evidence and add anybody to your rent contract, but you it's almost impossible to fake body language and chemistry between you and your husband. You should definitely go to the interview prepared, but if your marriage is real, you shouldn't worry too much.

Edited January 30, 2010 by evilmonkee

[Val Marty 1]

Val Marty,

I had a relatively easy interview, but some of the October filers got grilled, so IMHO it's always best to have too much evidence than too little. I only got asked for my rent contract and the life insurance, but some IOs asked for everything but the kitchen sink.

What you have sounds good (especially the driver's licenses).

Here are some more ideas :

1. In your signature you mention an expedite. Is your husband in the military? If yes, call and get USAA life insurance for him or for you. It's one of the few insurance companies that allows non-residents to buy life insurance, and military members get excellent rates. Having each other listed as beneficiaries is considered good evidence, and having life insurance that will cover at least funeral expenses is something that everybody should have.

2. You may be able to get joint car insurance, either through your current insurer or through USAA (if your husband is in the military). I actually switched to the joint insurance after the interview, but feel so stupid for not doing it sooner and for wasting so much money- the total cost for the joint insurance is less than my husband's previous premium alone.

3. Do you have renter's insurance? It's very easy to add both names to it, and it's something you should have anyways.

4. Have you made any major purchases out of the joint account (furniture, electronics, something with warranty)? Bring the receipts and the bank statements to show that the joint account is used for day-to-day expenses and for normal life expenses.

5. Affidavits from friends/family and pictures are secondary, but it doesn't hurt to have them.

We rent, so we didn't have joint mortgage/loans, and we're waiting for our tax refund to buy a new car, so we didn't have much joint property. I also didn't put my name on the utilities since it was a PITA to add it, and I kept my student insurance since it was much cheaper than paying into my husband's HSA. If you have any joint property or joint health insurance, that's great, if not, don't sweat it. They understand that you're a newly-wed and that you can't accumulate much joint stuff in couple months.

If you have time, skim through the October/Sept/etc threads to see what evidence the IOs usually want to see.

I also found this thread very helpful:

http://www.visajourney.com/forums/index.php?showtopic=220440

It's for removal of conditions, but a lot of it is applicable for AOS.

Last, but definitely not least, don't freak out, and don't forget that IOs are trained to read body language. You can fake evidence and add anybody to your rent contract, but you it's almost impossible to fake body language and chemistry between you and your husband. You should definitely go to the interview prepared, but if your marriage is real, you shouldn't worry too much.

Evilmonkee

thank you for the response. My husband is in the military and we both have their life insurance. We don't have rental insurance, and we cannot have joint car insurance because his dad is paying for his and I have mine by myself. As for the bank accounts we haven't got them yet, but we are going to open them after we get tax returns. I am also thinking about adding him to my account. I think we will be fine on the interview. I know that I married him for love and if we weren't together I would much rather go back home. We also have picture with my family, from when we visited Bulgaria last year.