Jump to content
jirocanada

yup! another one of these...help me!

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

 Share

19 posts in this topic

Recommended Posts

jirocanada Rookie

jirocanada   0

Posted
Filed: F-1 Visa Timeline
Posted

Hi everyone!

This is my very first post! I want to thank you in advance for taking the time to read my thread and for everyone posting helpful information on this site.

About me:

I'm a Canadian have been living in the states for the past 7 years under a f-1 student visa. I did my masters and now doctorate degree (that's why i've been here so long). My f-1 visa runs out May 2012

I met a girl and we plan on getting married in October....

We have been living together and traveling back and fourth between Canada and the US. I obviously did not have the intentions to come to the US to get married, just to do school but I happened to stumble across the girl I want to marry.

Options (i think):

a) Can I apply for OPT then get married in October while staying in the USA then apply for a green card? This way I can extend my stay after my f-1 visa runs out.

b) get a civil union now and apply for a green card?

c) get married in a court house then apply for a green card?

So in the end....

I would like to not leave the US and get married here and stay legally (of course).

I know that this has probably come up but I don't quite understand.

Thank you again.

Your help is MUCH appreciated.

0

Link to comment
Share on other sites
Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

You can do either - apply for OPT and then get married and AOS at some point before your OPT runs out, OR marry now and file for AOS.

Just one question though.. you mentioned "civil union" in your post. Are you a same sex couple? If you are, then the situation of immigrating to the US becomes much more complicated for you two, unfortunately.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Link to comment
Share on other sites
sheeshkabelle Proficient

sheeshkabelle   153

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

You can do either - apply for OPT and then get married and AOS at some point before your OPT runs out, OR marry now and file for AOS.

Just one question though.. you mentioned "civil union" in your post. Are you a same sex couple? If you are, then the situation of immigrating to the US becomes much more complicated for you two, unfortunately.

"Civil Unions" in the US are non religious based marriages, performed by a commissioner or someone authorized in that state to perform the civil marriage. It's not necessarily for same sex couples.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

Link to comment
Share on other sites
szemek Apprentice

szemek   12

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

"Civil Unions" in the US are non religious based marriages, performed by a commissioner or someone authorized in that state to perform the civil marriage. It's not necessarily for same sex couples.

It really depends what state you are in. In many states, there is no such thing as a civil union. Even if you have a non religious based marriage done at the courthouse, you are considered married and get a marriage certificate, not a 'civil union' certificate.

To OP: Since you didn't come to the US with the intention of being married, you should be able to get married right now and start filing for AOS (green card). If you do it soon, you should be able to have it taken care of before May 2012 and not have to worry about renewing any visas ever again.

Link to comment
Share on other sites
ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

You need to be married, not in a civil union, to file for a green card. Where you get married makes no difference so you can do it now in a courthouse if you like.

The F-1 is not a dual intent visa, so keep in mind that while you will enter a new period of authorized stay once USCIS receives your application and sends you the NOA1, you won't be able to travel back to Canada until you receive your AP travel documents which will take 2-3 months.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Link to comment
Share on other sites
jirocanada Rookie

jirocanada   0

Posted
Filed: F-1 Visa Timeline
  • Author
Posted

Thank you so much!

I can't believe how helpful people are on this site!!!! I would take you guys out for a drink if I could... and if I could afford it haha.

So we are not same sex.. but I think we are going to pass on the civil union route.

Either...

Apply for OPT and then get married in October and then apply for AOS (green card)

or

Get married in courthouse and then apply for AOS (green card)

I am living in NJ btw.

How long does it take for OPT to go through?

THANK YOU!

Link to comment
Share on other sites
NancyNguyen Experienced

NancyNguyen   1,657

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

IMHO, just don't get married too close to your graduation day, it might cause a red flag and you might have to explain later why the marriage occurs right before your authorized stay expires. When and how you get married are purely based on your guys' readiness. Good luck.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Link to comment
Share on other sites
NancyNguyen Experienced

NancyNguyen   1,657

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

OPT is like "conditional" work permit (you have to work in your study field) it usually takes 2 - 3 months to process. You need to talk to your international counselor to update your I-20 and stuff.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Link to comment
Share on other sites
Darnell Grand Master

Darnell   8,478

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

I would shoot for OPTION C

then

log back in to VJ on a PC running Winders,

then click on 'Guides' section here.

Good Luck !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Link to comment
Share on other sites
NancyNguyen Experienced

NancyNguyen   1,657

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

You have 2-month grace period after your graduation, so you have 3 months to maintain status. To do that, OPT is a choice to maintain your status. Overstaying is forgiven when you get married to USC but not recommend at all.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Link to comment
Share on other sites
Dakine10 Mentor

Dakine10   5,452

Posted
Filed: Other Country: Russia
 Timeline
Posted

Thank you again.

I am going to talk to my international advisor about OPT.

I graduate in May 2012... and plan on getting married in October. Would that raise a flag??

No it won't raise a red flag. The main thing, as with any one else, is to have evidence of your on going relationship.

QCjgyJZ.jpg

Link to comment
Share on other sites
Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

I think either option is perfectly viable, but if you'd rather get married a bit later, then apply for OPT in the Spring and marry on your own schedule. OPT is issued for 12 months, and during that 12 months you can then marry when you choose and proceed to the AOS phase. You can apply for AOS at any point during your OPT period. I graduated in May 2011 and got married at city hall to my husband in February 2011. We submitted my paperwork in March, and I was never asked any questions about the fact that I applied for AOS fairly close to my F1 expiry date. I never applied for OPT because we were planning to get married before my graduation anyway, but if you're not ready to take that step before May, then take the OPT route and buy yourselves some extra time.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Link to comment
Share on other sites
bigdog Veteran

bigdog   376

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Option c seems good, you have to do what is best for you without raising red flags.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...