AOS from F1 Status

[asdic 1]

Hello all

I am filing for AOS for my wife who is on F1 status. Her student visa ends in 2 months and needs an OPT card. I plan to send my AOS forms later this week, but the OPT must be filed 2 months prior to the student visa expiring.

(1)Should we still file the OPT even though I am applying for AOS?

(2) We got married here in the US and we want to change her legal name. How do I do this on the I-130 and other forms? Should I wait for her to get the greencard and then change her legal name?

Thanks

asdic

Edited March 19, 2010 by asdic

[asdic 1]

FYI: My wife's new name has her middle initial as my first name and her last name as my last name.

[sachinky 465]

No need to file for OPT if you're filing for AOS. She will get a EAD any way if you file the appropriate form till her greencard is processed.

Edited March 19, 2010 by sachinky

[VanessaTony 3,567]

Hello all

I am filing for AOS for my wife who is on F1 status. Her student visa ends in 2 months and needs an OPT card. I plan to send my AOS forms later this week, but the OPT must be filed 2 months prior to the student visa expiring.

(1)Should we still file the OPT even though I am applying for AOS?

(2) We got married here in the US and we want to change her legal name. How do I do this on the I-130 and other forms? Should I wait for her to get the greencard and then change her legal name?

1. No. Apply for the I-765 (EAD) at the same time as filing the AOS and I-130

2. Make sure you write her new legal name on all the forms as the name you're applying under. In the prior names put her previous unmarried name. If you don't write it on the forms now then you will need to pay $300-ish and file an I-90 once you've received the card. For instance, if her married name is Jane Doe Smith then write that on the forms and her maiden name Jane Joan Jones in the prior name section.

[besaangel 18]

AOS will better fit the situation... since you are going to file this week, include form I-765 (free with AOS) rather than have to pay to do OPT- also Please read the guides

[asdic 1]

I have a few more questions:

(a) The EAD takes about 60 days to arrive, but my wife's I-20 expires in 60 days. What should I do to maintain her status? Is it ok if it expires even though the EAD might come late?

(b) Do I need to include the I-693 Medical Exam forms along with the AOS package? Will we get the EAD even without it?

[besaangel 18]

I have a few more questions:

(a) The EAD takes about 60 days to arrive, but my wife's I-20 expires in 60 days. What should I do to maintain her status? Is it ok if it expires even though the EAD might come late?

(b) Do I need to include the I-693 Medical Exam forms along with the AOS package? Will we get the EAD even without it?

once u file AOS- no longer under F-1 requirements... Do medical asap to get AOS processing done faster...

[asdic 1]

Thank you Besangel...you are amazing! I have read the guides, but some of the stuff makes me confused.

I had another question

(1) My wife arrived to the USA in August 2008 on F1, we met October 2009. We decided to get married so I went with her to her native country to meet her parents in December 2009. We came back in January 2010 to the US and got married in February. So, on I-485, it asks the last arrival date, if I put January 2010 and the marriage date February 2010, would they consider that as an immigration intent for my wife who entered on F1 visa and thus deny the GC?

(2) Also on the I-485, it asks for the nonimmigration visa number? There are like 3 different numbers on the Visa...on some websites it says its the red number, I read somewhere else it is the Visa control number? Any thoughts?

[besaangel 18]

You guys really shouldnt have left the states because that does show he intent to get married upon entry- which is basically visa fraud...

Thank you Besangel...you are amazing! I have read the guides, but some of the stuff makes me confused.

I had another question

(1) My wife arrived to the USA in August 2008 on F1, we met October 2009. We decided to get married so I went with her to her native country to meet her parents in December 2009. We came back in January 2010 to the US and got married in February. So, on I-485, it asks the last arrival date, if I put January 2010 and the marriage date February 2010, would they consider that as an immigration intent for my wife who entered on F1 visa and thus deny the GC?

(2) Also on the I-485, it asks for the nonimmigration visa number? There are like 3 different numbers on the Visa...on some websites it says its the red number, I read somewhere else it is the Visa control number? Any thoughts?

Could cause problems with GC... consult a lawyer...

nonimmigrant number is the set on numbers in red, located on her F-1 visa itself

[hostkiller 0]

I am confused about the A# as well. Should I use the one from my F1 visa or I should use the one from my OPT EAD card application? (Don't ask me why I applied for OPT. Just to be on the save side.)

[besaangel 18]

I am confused about the A# as well. Should I use the one from my F1 visa or I should use the one from my OPT EAD card application? (Don't ask me why I applied for OPT. Just to be on the save side.)

A# is on EAD while nonimmigrant number on F1 visa

[asdic 1]

Hello everyone

I am a US citizen and My wife is on student visa here in the US, but we had a religious marriage ceremony back in her home country and then we came back to the US. We had a legal ceremony over here within a month of her coming to the US.

Would I better off if I just applied for a K3 from her home country? This is because applying for AOS may be denied due to problems with intent.

[Anh map 2,098]

Hello everyone

I am a US citizen and My wife is on student visa here in the US, but we had a religious marriage ceremony back in her home country and then we came back to the US. We had a legal ceremony over here within a month of her coming to the US.

Would I better off if I just applied for a K3 from her home country? This is because applying for AOS may be denied due to problems with intent.

If she's here as a student and met you there is nothing wrong with that. Adjusting Status would be the best thing for your circumstances.

[asdic 1]

so even though we married 1 month after she arrived into the US....applying for AOS will not be a problem right?

I know this girl for over a year. I met her 8 months after she entered the US. She then went back to visit her family and then I proposed to her after she returned. We had no idea we were going to marry.

[asdic 1]

You guys really shouldnt have left the states because that does show he intent to get married upon entry- which is basically visa fraud...

Could cause problems with GC... consult a lawyer...

nonimmigrant number is the set on numbers in red, located on her F-1 visa itself

My wife was in the US for 14 months only then she decided to go back to her country and then reenter to finish her studies. We got married on the spot in a simple ceremony after a month she came back. Would that still be considered intent to get married?