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DaniG

I-485 confusion regarding previous visas and change of nonimmigrant status

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I am the alien spouce of a U.S. citizen. We're almost done with the application to adjust status to permanent resident but I am unsure about how to fill out Part 3 of I-485 because I came to the U.S. on a J-1 visa in 2007 and then adjusted it to F-1 while in the U.S in 2008. I have never been out of status, but my original visa (the J-1) expired after I switched to F-1. I have not left the U.S. since 2007.

So what do I write for these:

  • Place of Last Entry Into the United States(City/State):
  • In what status did you last enter?
  • Nonimmigrant visa number
  • Consulate where visa was issued
  • Date visa was issued

If I just enter the J-1 visa info, it sounds as though I am in the US illegally, even though I have a valid F-1 status until the end of 2010. I would really appreciate help from anyone who had adjusted their nonimmigrant status before "going green"!

10/07/2007 Entered the US on J-1 visa

11/03/2008 Changed status to F-1

02/14/2010 Married

03/15/2010 Filed AOS (from F-1)

05/27/2010 AOS approved, GC Issued

02/28/2012 Mailed I-751 (Removal of Conditions)

03/01/2012 I-751 received by CSC/NOA Issued

03/15/2012 Biometrics letter sent

04/12/2012 Biometrics appointment per letter

05/27/2012 GC expires

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Filed: Other Timeline

3 and 5: enter information of both visas.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Part 1

Current Status: F-1

Part 3

Status you last entered: J-1

Obviously you have all that J-1 stuff, so put that in the answers because that's the visa. Also, you may want to head on over to the adjusting from other visas section - after reading the warnings on the guide for adjustment from within the US with concurrent I-130 petition, it seems like you may need to consider a waiver? Did you some how get the 2 year home requirement removed when you adjusted to F-1? Just some questions I think you should make sure you are comfortable with...I don't have the answers, and most of us in this forum are adjusting from family based visas. You'll get better info one forum down.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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Part 1

Current Status: F-1

Part 3

Status you last entered: J-1

Obviously you have all that J-1 stuff, so put that in the answers because that's the visa. Also, you may want to head on over to the adjusting from other visas section - after reading the warnings on the guide for adjustment from within the US with concurrent I-130 petition, it seems like you may need to consider a waiver? Did you some how get the 2 year home requirement removed when you adjusted to F-1? Just some questions I think you should make sure you are comfortable with...I don't have the answers, and most of us in this forum are adjusting from family based visas. You'll get better info one forum down.

Thanks, guys! It sounds reasonable to put the current status in Part 1 and the visa in Part 3 and then include copies of all my nonimmigrant-status related documents enclosed to show them more clearly what happened.

I never had the 2-year home requirement (got lucky there!), so I didn't have to get it removed, and I was not ever illegally in the U.S. even for a day, so I don't think I need any kind of waiver.

10/07/2007 Entered the US on J-1 visa

11/03/2008 Changed status to F-1

02/14/2010 Married

03/15/2010 Filed AOS (from F-1)

05/27/2010 AOS approved, GC Issued

02/28/2012 Mailed I-751 (Removal of Conditions)

03/01/2012 I-751 received by CSC/NOA Issued

03/15/2012 Biometrics letter sent

04/12/2012 Biometrics appointment per letter

05/27/2012 GC expires

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Filed: Citizen (apr) Country: Australia
Timeline

** moving from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a F1 visa and the prior forum is for K1, K2, K3 & K4**

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