F1 to GC AOS

[NLP 0]

I apologize in advance for the nature of this post, but I am having a lot of trouble finding information specific to my case.

My (now) wife entered the U.S. on an F1 visa. We got engaged while visiting her parents in India and recently married. We now want to file an AOS based on the recent marriage. I'm a natural US citizen.

Considering that the large bulk of information is on K1/K3 AOS, I hope someone can either post me a link to a thread or help me with dotting my i's and crossing my t's. I'm very nervous to do anything wrong.

Since she's on an F1 I believe I need to file:

I-330 and I-485 concurrently.

I-765 since she has an MS in Engineering and has a standing job offer from a great firm.

G-325a for herself and I

I-131 because we plan to travel to India together and get married according to her custom (hence why we had the legal marriage here)

I-864

Am I missing anything?

Thank you dearly in advance.

[kevinsu 0]

I apologize in advance for the nature of this post, but I am having a lot of trouble finding information specific to my case.

My (now) wife entered the U.S. on an F1 visa. We got engaged while visiting her parents in India and recently married. We now want to file an AOS based on the recent marriage. I'm a natural US citizen.

Considering that the large bulk of information is on K1/K3 AOS, I hope someone can either post me a link to a thread or help me with dotting my i's and crossing my t's. I'm very nervous to do anything wrong.

Since she's on an F1 I believe I need to file:

I-330 and I-485 concurrently.

I-765 since she has an MS in Engineering and has a standing job offer from a great firm.

G-325a for herself and I

I-131 because we plan to travel to India together and get married according to her custom (hence why we had the legal marriage here)

I-864

Am I missing anything?

Thank you dearly in advance.

We're in the same situation - F-1 to AOS. Many people do it, and it's perfectly fine.

Your list is correct, except it's the I-130, not the I-330.

Note your wife can't start work until she gets her EAD.

[NLP 0]

We're in the same situation - F-1 to AOS. Many people do it, and it's perfectly fine.

Your list is correct, except it's the I-130, not the I-330.

Note your wife can't start work until she gets her EAD.

Whoops. Fortunately that's just a typo. I have the I-130 here. Thanks for the confirmation. Much appreciated.

Edited September 15, 2006 by NLP

[sukimi 0]

We are also doing F-1 to AOS. Let me know if you have any questions!

[Dr_LHA 3]

Looks like you have your house in order. I'm adjusting from a H-1B, and the process for doing that is similar to doing a F-1 (the only difference being that H-1Bs remain valid while you adjust, an F-1 does not).

IIRC you need to submit 3 G325A's. 1 for the petitioner and 2 for the benfitiary. You need to treat the requirements of the forms as seperate. I-130 asks for 2 G355A's, I-485 asks for 1, so the total is 3. This is because different people may work on different parts of your case, so you can't "merge" evidence.

[kc456 0]

You will also need to submit a full medical performed by a civil surgeon (not just the vaccination supplement). Don't remember the form #, but the civil surgeon will have it.

[Boiler 45,557]

There is a BIG fifference between F and H, H allows for dual intent, F does not.

Just wondering on what basis she entered the US after engagement?

[tomica52 0]

Going from F1 to AOS is not all that difficult, even though it will take time to go through all the forms, and you seem to have all of them. Good luck with the process.

[nemu 0]

We just finished J1->AOS.

I-130 - USC files g325a, non-USC files g325a, benefit is listed as i-130

i485 - non-USC file g325a, benefit is listed as I485/AOS.

I am surprised your fiancee does not have OPT EAD yet- F1 can get one for 18months, but that would make sense if she hasn't graduated yet.

One of the posters mentioned engagement and intent to immigrate. That only becomes an issue if your intent was to come to US get married here and do AOS - the book requires you get immigration visa abroad Anyways, in the case of ~possible~ immigration violations one would wait for the actual green card before attempting to leave US.

p.s. Just thought to add this - my wife's J1 expired 1 year after entry ( status is D/S, status was maintained ). Because she was married to me, she could not prove non-immigrant intent, hence we did not even risk trying to get J1 renewed. We figured that risk of not getting a visa was too high.

Edited September 15, 2006 by nemu

[NLP 0]

I am surprised your fiancee does not have OPT EAD yet- F1 can get one for 18months, but that would make sense if she hasn't graduated yet.

There's a series of conditions by which you're not able to AOS. They're pretty straightforward and she's not in violation of any of them. She's maintained her status throughout, so we're good. As for OPT/CPT.... well she missed out on that opportunity by her own fault. Doesn't -really- affect this process other than she has to wait for an EAD to be approved before she can work.

Thanks for the reminder on the Examination form. I-693, actually. I knew it had to be filled but wasn't thinking of it at the time when I started the thread.

Just wondering on what basis she entered the US after engagement?

She was a continually-enrolled student, so her F1 remained valid.

Thanks for all the support.

[Boiler 45,557]

Just wondering on what basis she entered the US after engagement?

She was a continually-enrolled student, so her F1 remained valid.

More a observation but her intent ws obviously to not continue her studies and leave, the requirements of a F, but to immigrate. 10 foot pole territory.

[Dr_LHA 3]

There is a BIG fifference between F and H, H allows for dual intent, F does not.

Just wondering on what basis she entered the US after engagement?

Good point Boiler, I missed that.

[nemu 0]

Yes, engagement and entry with F1 are sort of icompatable. But, if the entry with F1 was to finish the studies, marry and then leave for adjudication abroad, entry would not have violated status. Of course, some circumstances could've prevented the student from finishing proper immigration procedures abroad and forced her to go through the pains of AOS here

Ahh well, life always gets in the way...

[Boiler 45,557]

It may be a question of timing, using the F as a method of entry is no different to say a VWP or B as far as I know.

BUT if you enter on any non-immigrant visa and then immediately apply to adjust status, red flags start waiving.

You may be lucky, may not. I have seen both.

I would stress the immediate bit.

[nemu 0]

No argument - anything that raises doubt in the AO's mind is to be avoided.

Healthy interval between entry and marriage is advised - try to time it according to processing timelines posted here on visajourney.com. Choose your local office, see how long processing takes, add some time for medical and document collection, arrive at the convenient date. It only has to be civic ceremony.