F-1 student AOS question

[anek241 0]

Hello! I'm an F-1 student and I got married to a US citizen in October 2010. My visa expires in May 2011, so we decided to apply for AOS for me now. I looked through USCIS guidelines and it seems that because I'm in the US already I can file my I-485 together with him filing the I-130 for me. But we don't know what my Application Type is on I-485 (Part 2). Any advice will be appreciated.

[Harpa Timsah 13,258]

You are choice A.

[anek241 0]

You are choice A.

Thank you for a quick response! That's what I thought, but it says that I should attach a copy of the approval notice etc. which we don't have. That was a bit confusing.

Now, if I understand correctly, we can file the I-130 concurrently with my I-485 application and I check a. on the I-485 assuming that once I-130 is approved, right?

[Harpa Timsah 13,258]

Yep!! That wording IS very confusing. But if you look harder, it says something like "or if you are a spouse... and have attached a spouse petition that will make a visa number immediately available if approved" or something like that but in the middle of that is a list of other petition types and the meaning gets lost.

[anek241 0]

Yep!! That wording IS very confusing. But if you look harder, it says something like "or if you are a spouse... and have attached a spouse petition that will make a visa number immediately available if approved" or something like that but in the middle of that is a list of other petition types and the meaning gets lost.

Thanks a lot! I understand it now. Could I also ask you real quick about the last question on Part 1 of I-485. It asks for a current USCIS status and it's expiration. What is it? Is it my F-1 student status?

Also, my I-94 does not have an expiration date on it, and this question is asked on some of the forms? Is it the same as my visa expiration or I-20 expiration. I am sorry for so many questions but it helps a lot!!!

[Harpa Timsah 13,258]

Yes, your current status is F-1. I don't know about I-20 and F-1 visas though, sorry I can't help! I think your expiration for I-94 may be D/S or duration of status, but I don't know! Someone will chime in who knows

[missaero 7]

Thanks a lot! I understand it now. Could I also ask you real quick about the last question on Part 1 of I-485. It asks for a current USCIS status and it's expiration. What is it? Is it my F-1 student status?

Also, my I-94 does not have an expiration date on it, and this question is asked on some of the forms? Is it the same as my visa expiration or I-20 expiration. I am sorry for so many questions but it helps a lot!!!

Yes, your current status is F-1 that you will be adjusting from and the expiration date on the I-94 will be usually marked "Duration of Status" or just D/S. If the question specifically asks for I-94 then write D/S. Somewhere else it asks for visa expiration, for this write what is written on the visa.

Normally the visa and I-20 dates are the same (though sometimes not). The I-20 date gives you right to remain until the date on that form (plus grace period), as long as you maintain status either as a full time student or on OPT. The visa may expire during this time period but so long as you maintain full time studies or OPT you are still "in-status" until you graduate or finish OPT. During that time frame though, travel outside of the US is not possible as you need the valid visa for entry.

Are you planning on filing for I-765 and I-131 (work permit and travel permit)? You may as well, seeing as the fees are included in the I-485 application so long as it is filed concurrently. Not much extra work in paperwork, and just a few more photos.

[anek241 0]

Yes, your current status is F-1 that you will be adjusting from and the expiration date on the I-94 will be usually marked "Duration of Status" or just D/S. If the question specifically asks for I-94 then write D/S. Somewhere else it asks for visa expiration, for this write what is written on the visa.

Are you planning on filing for I-765 and I-131 (work permit and travel permit)? You may as well, seeing as the fees are included in the I-485 application so long as it is filed concurrently. Not much extra work in paperwork, and just a few more photos.

Thank you! The odd thing is that there is no real date on my I-94. The officer just wrote on the admission stamp: F-1 D/S. I guess it means it's valid while my F-1 status is valid as indicated on I-20 (different than on the visa).

Yes, I'm planning to file the I-765 and I-131 with my application. I have just started looking at the application materials and so many things are confusing at this point. This forum is a great help though. Thanks a lot!

[missaero 7]

Thank you! The odd thing is that there is no real date on my I-94. The officer just wrote on the admission stamp: F-1 D/S. I guess it means it's valid while my F-1 status is valid as indicated on I-20 (different than on the visa).

Yes, I'm planning to file the I-765 and I-131 with my application. I have just started looking at the application materials and so many things are confusing at this point. This forum is a great help though. Thanks a lot!

Yep, sounds like you have it figured out. The I-765 and I-131 are actually not too difficult to figure. Just let the VJ folks know when you need help!