Time to adjust AOS on F1 Visa Status

[klm9971 5]

Hello All,

I am on F1 Visa till Feb 2011 and I am getting married on 10th of October 2010. My question is:

1. Am I running out of time to adjust my status to Green Card?

2. What is the usual time to get process everything through USCIS (INS)?

3. I am thinking to apply to USCIS before the end of October 2010. Is this time okay to apply? Or should I expedite the process?

Thank You in advance for your comments/suggestions!

[Kathryn41 3,205]

moved from AOS on a Family visa to AOS from Work, Student & Tourist Visa as OP is adjusting from an F-1 visa, not a K visa

[ValerieA 350]

Lately, it has been taking 3-4 months for the entire AOS process. You can apply any time after you get married, so if you apply at the end of October, you have a good chance of being done by the end of February. Once you apply, the clock 'stops' and you won't be out of status for the duration of the AOS process.

Good luck!

[klm9971 5]

Lately, it has been taking 3-4 months for the entire AOS process. You can apply any time after you get married, so if you apply at the end of October, you have a good chance of being done by the end of February. Once you apply, the clock 'stops' and you won't be out of status for the duration of the AOS process.

Good luck!

Thanks for the reply. Can I legally work also, when my AOS process is going on? I am working in a company as full time.

[Mavisgrind 1]

How are you working now? Generally people on a F1 visa can get an EAD (Employment Authorization Document) that allows only part time work up to 20 hours a week. However, if you are in a Curricular Practical Training program or a Optional Practical Training program (like an internship), you can work full time for up to 29 month. But all that changes once you submit the AOS application. Along with all the other forms, I believe that you will have to file an I-765 "Application for Employment Authorization." There is no extra fee for this document as long as it is filed with the I-485 and all the other applications. While your AOS is being considered, this will give you full employment authorization.

Cheers

[Mavisgrind 1]

Also, if you are here on a F1, does your I-94 have a date on it (Feb2011) or does it say D/S? Typically the stamp in your passport will have a date that indicates the time that you have to begin studies but then the visa is good for the length of you studies (Duration of Stay - D/S). Since most winter courses here run from January till June, it would be a bit silly for the visa to expire in February.