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asdic

AOS from F1 Status

By asdic in Adjustment of Status from Work, Student, & Tourist Visas

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

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.

From what you're saying you did not marry her a month after she arrived in the US. You said that you met her 8 months after she came on her F1. You two got married on your trip to her homeland and then had a legal wedding after returning to the US. She still has a valid F1 visa and reentered the US on that visa. Is that correct?

Life happens. She went off to school and met someone that she later married. That is a common story on most college campuses.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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asdic Apprentice

asdic   1

Posted
Filed: IR-1/CR-1 Visa Country: Scotland
 Timeline
  • Author
Posted (edited)

From what you're saying you did not marry her a month after she arrived in the US. You said that you met her 8 months after she came on her F1. You two got married on your trip to her homeland and then had a legal wedding after returning to the US. She still has a valid F1 visa and reentered the US on that visa. Is that correct?

Life happens. She went off to school and met someone that she later married. That is a common story on most college campuses.

yeah...but my question is would my AOS be denied because I married her within a month of her second entry into the US?

Edited by asdic

I-751 Timeline:

05/06/2012: Window Opens

05/03/2012: Mailed out Package

05/11/2012: Received NOA-1 (dated 05/07/2012)

06/19/2012: Biometrics Appointment

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

yeah...but my question is would my AOS be denied because I married her within a month of her second entry into the US?

From what you are telling us there doesn't appear to be a problem. Is she still enrolled in school / complying with the terms of her visa?

If so, the fact that she married you shortly after returning from a trip home ought not be an issue.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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pushbrk Grand Master

pushbrk   12,881

Posted
Filed: Other Country: China
 Timeline
Posted

From what you are telling us there doesn't appear to be a problem. Is she still enrolled in school / complying with the terms of her visa?

If so, the fact that she married you shortly after returning from a trip home ought not be an issue.

That is correct as long as she didn't misrepresent her intentions when entering. In this context, omission is not misrepresentation.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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asdic Apprentice

asdic   1

Posted
Filed: IR-1/CR-1 Visa Country: Scotland
 Timeline
  • Author
Posted

That is correct as long as she didn't misrepresent her intentions when entering. In this context, omission is not misrepresentation.

I am concerned about the 30/60/90 day rule...would that apply in my case?

I-751 Timeline:

05/06/2012: Window Opens

05/03/2012: Mailed out Package

05/11/2012: Received NOA-1 (dated 05/07/2012)

06/19/2012: Biometrics Appointment

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pushbrk Grand Master

pushbrk   12,881

Posted
Filed: Other Country: China
 Timeline
Posted

I am concerned about the 30/60/90 day rule...would that apply in my case?

It might if such a rule existed but it doesn't.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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besaangel Proficient

besaangel   18

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted

Not so sure but could still be an issue as she still entered the country as an academic student with the intentions to study, not marry... Did you guys get married before or after she left the country????

6y2gm4.pngE1nrm4.png

01/06/10 - ♥ Got Married ♥

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

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asdic Apprentice

asdic   1

Posted
Filed: IR-1/CR-1 Visa Country: Scotland
 Timeline
  • Author
Posted

we got married after she came back to the US

I-751 Timeline:

05/06/2012: Window Opens

05/03/2012: Mailed out Package

05/11/2012: Received NOA-1 (dated 05/07/2012)

06/19/2012: Biometrics Appointment

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besaangel Proficient

besaangel   18

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted

Yeah that could be a problem... please consult a lawyer just for the sake of it- better safe than sorry

6y2gm4.pngE1nrm4.png

01/06/10 - ♥ Got Married ♥

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

OP, you've got the same conversation going in two different threads.

The fact that she took a trip home and then returned to school is not unusual for a student. From what you've said in both threads she didn't misrepresent herself when securing the visa or re-entering the US.

AOS is the right choice for your spouse. Follow the guide here on VJ.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Duplicate thread in K-3 forum moved to AOS from Work, Student and Tourist Visa forum as that is what the main discussion has become and merged with same topic also under discussion in the AOS forum to keep all of the discussion in one place

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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Val Marty Explorer

Val Marty   1

Posted
Filed: AOS (apr) Country: Bulgaria
 Timeline
Posted

We also went back to my country and married when we came back...a year later though. It is normal for your spouce to want to meet your family, etc before you get married. I wouldn't worry about it.

12/21/2009 Package mailed

12/23/2009 Package received

01/04/2010 All 3 NOA received dated 12/30

01/14/2010 Applied for expedite, I-130 and I-765 touched

01/30/2010 Received Biometrics appointment scheduled for 02/23/2010

02/02/2010 Walked in and did biometrics

02/03/2010 Touched I-765 and I-485

02/19/2010 EAD Card production ordered

02/26/2010 Received interview appointment letter for 03/29

02/27/2010 EAD arrived in mail (Day 51)

03/03/2010 Filed for change in address

03/08/2010 Received change in address confirmation

03/29/2010 INTERVIEW AT 9:30AM - APPROVED (Day 81)

03/31/2010 Card production ordered. YEY!

04/24/2010 Card received after all the trouble!

01/03/2012 Filed I-751 Petition to Remove Conditions of Residence

01/11/2012 Received Notice of Action Dated 01/06/2012

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