F1 student with expired OPT

[Maxximus1074 14]

Hi Andreas,

just came across your posting - and all was already said that I could advice you, too.

As far as your last question goes - no, there is no more restriction regarding your, your spouse's or sponsor's travels in and out of the US or employment.

The only restriction one gets is that the greencard is only valid for 2 years. prior to it's expiration there's a determined point (forgot when) when you need to file for what's called "Removal of Conditions"(I think that's what it stands for) ROC. Another proof of a bona fide marriage is necessary which will upon approval give you a lifetime greencard (unless you mess it up by e.g. living more outside the US then within) also known as no more filing, applying with USCIS for anything.

Good luck with your application!!

M.

[Harpa Timsah 13,258]

thank you all for being so very very helpful.

Once I obtain a greencard, will my wife, myself or my joint sponsor be subjected to any restrictions for a given duration, such as not leaving the country, having to stay at a certain adresse, keeping a specific job, etc.?

No restrictions for the US Citizens. Some restrictions on your travel (the GC holder). You can leave the US for up to one year without prior authorization, or if you want up to two years you can apply for a re-entry permit. No restrictions on anyone's job or home address.

You can file for citizenship after 3 years because you are married to a USC (and if you maintain their residency requirements) and then no travel restrictions!

Good luck.

[VSfansfans 2]

Hi Andreas,

Just came across to your posting! Recall what have happened to 2 years ago....check out my timeline below and you will have a better understanding of how long this process would take.

And yes, please do not leave the country, once you leave, it gets so much complicated and you will regret for the rest of your life - seriously. The most important thing is when you first and last US entry, your intention was not to get a green card.

Read all the information/comments/tips from this website, and you should be able to file your AOS easily. It normally takes 4-6 months, if everything goes smoothly, you can get the card in less than 4 months! Provide as much proof as you can, make a copy of everything you will submit as well.

GOOD LUCK!

[Andreas12 0]

Hi Andreas,

just came across your posting - and all was already said that I could advice you, too.

As far as your last question goes - no, there is no more restriction regarding your, your spouse's or sponsor's travels in and out of the US or employment.

The only restriction one gets is that the greencard is only valid for 2 years. prior to it's expiration there's a determined point (forgot when) when you need to file for what's called "Removal of Conditions"(I think that's what it stands for) ROC. Another proof of a bona fide marriage is necessary which will upon approval give you a lifetime greencard (unless you mess it up by e.g. living more outside the US then within) also known as no more filing, applying with USCIS for anything.

Good luck with your application!!

M.

So If stay out of the US for 10-12months and 10-12months in the us i should be fine for this green card revalidation?

[VSfansfans 2]

So If stay out of the US for 10-12months and 10-12months in the us i should be fine for this green card revalidation?

If you stay out of US (leave the US), and re-enter, then apply AOS, they will think that your intention of coming to the US is to get married, and they will not grant you a green card.

However, if you apply for the AOS and AP (advance parole I-131 - travel document after filing adjustment of status), you can leave the country and come back no problem while AOS is in process

[Andreas12 0]

Is there any kind of health insurance available for a person in my situation?

Does immigration send me the bill for the application processing fee after I've submitted all the paperwork or do i go somewhere to pay it before i submit?

[Harpa Timsah 13,258]

You can get on your spouse's health insurance policy as her spouse.

You pay all the fees by check when you send it in. It's $420 + $1070. Good luck.

[Andreas12 0]

You can get on your spouse's health insurance policy as her spouse.

You pay all the fees by check when you send it in. It's $420 + $1070. Good luck.

Its legal to get on her insurance policy while I'm out of status?

[Andreas12 0]

Its legal to get on her insurance policy while I'm out of status?

Correction, Is it legal to be on my spouses insurance policy while I'm transitioning into status?

[Harpa Timsah 13,258]

Yes.

[Andreas12 0]

Me and my spouse may move to a new address once our lease terminates in about two months. What should I do when filling out the mailing address/current address on the various forms? I'm not sure it will be accurate during the entire length of the application process. Is it possible to list my spouses parents address? What I am specifically concerned with is any information/documents that would be mailed to the wrong address? (I don't trust the usps to readdressing everything they should be...)

[Harpa Timsah 13,258]

USPS will not forward mail from USCIS. There is a change or address form you can fill out during the process. Every single piece of correspondence you get from USCIS will give you instructions on how to change your address with them.

[Andreas12 0]

Thank you Harpa for being so very helpful

I've got a little list of questions for everyone:

questions relating to the i-130 form.

1. under point 14 - My I-94 lists D/S. Is this appropriate to put D/S down on the form, or should i list when my visa expired?

2. for the i-130 packet, is it necessary for my spouse to provide proof of permanent residency when she is a US citizen, and has provided a copy of her US birth certificate?

'

3. under point 13 - It asks "Parents. Have you obtained a certificate of citizenship in your own name?" I'm pretty confused by what this means and have no idea what to answer on this question. My spouse got her US citizenship by being born the US with US parents.

questions relating to i-485.

1. it asks for a copy of a valid i-94. Is it adequate to provide copy of the i-94 that i used when i last entered the US as a f-1 student?

2. What is my USCIS status? out of status f-1 student? i-485 filing? What would be a good statement that does not diminish the strength of my application, while remaining truthful with the information I've given so far in this thread?

3. under part 2. it says "I am applying for an adjustment to permanent resident status because:"... I am not sure what to list myself as. none of the categories fit my case. I assume I list something under option "h. Other basis of eligibility", but what would that be? former F-1 student now married to a US citizen? certainly nothing that lengthy and ineloquent

last question!!! do i need to provide an i-693 when i submit the i-130/i-485 packets? Or is this something that will happen during the AOS process, if at all? Is it possible to supplement a potential medical examination with documents from my Norwegian doctors? Like proof of vaccinations etc. so that I do not have to do more than necessary?

Thank you all for your help!! it means so much

[ceadsearc 516]

So If stay out of the US for 10-12months and 10-12months in the us i should be fine for this green card revalidation?

Do you mean after you have your green card? Not necessarily. Staying outside of the US for long periods of time prior to becoming a citizen could be considered abandonment of intention and you run the risk of losing your LPR status. Better to wait until you are a citizen before spending months at a time outside of the US.

[Harpa Timsah 13,258]

You're welcome. Look at each question and answer literally. Some of these do not apply to you... and are a part of long lists that you seem to be missing, like your questions 2 & 3 for 130.

1. I would put D/S. Maybe someone who did this from F-1 can say what they did.

2. She is a USC, so her BC is good. No need to complicate it.

3. Point 13 obviously doesn't apply to you. (I think if you read above there it says " if your citizen was acquired through... parents...." But her citizen was NOT acquired through parents, rather by being born here. All that stuff for naturalized people doesn't apply to you).

485

1. Use the last I-94 you have.

2. F-1 student will suffice. They will see you are out of status, but it will not affect your application.

3. You put A.

4. Yes you need to have a medical exam by a Civil Surgeon (you can locate authorized ones on the uscis website) and s/he will fill out your I-693. If you have your medical records, bring them to avoid having to get shots that you already had. The medical exam is mainly to make sure you do not have tuberculosis or other communicable diseases and tht you are up-to-date on US requirements for vaccines. It usually takes two appointments a few days apart. At the end you will get a sealed envelope and you send that in with your packet.

Good luck!