AOS from F-1: address and current status

[lucypp 0]

I've tried searching the forums, and I've found a lot of useful information, but I'm still not confident of the right answers to a couple of questions. I'd appreciate any help!

My husband and I got married last week, and I'm now filing I-130 and I-485 concurrently to adjust my status from an F-1 visa.

I've been in the US on an F-1 visa since 2003. I've been doing OPT for the past year. My OPT EAD and F-1 visa expired on 11/29/11, so I'm currently in the 60-day grace period. Do I state my current USCIS status as F-1 and say it expires on 11/29/11? Will it be obvious that I'm in the grace period, or should I say my status is "F-1 grace period" and it expires on 1/28/12?

The whole time I've been in the US, I've been told to only use my Australian address as my residence when dealing with USCIS and not to claim to be living in the US. I've used my mother's address, where I've never actually lived. On form G-325A, I assume I should now list my US addresses over the past 5 years. Do I use my mother's address for my last address outside the US, even though I've never lived there? What do I put for the date I supposedly stopped living there? Or should I still be listing my mother's address as my residence for the past 5 years, since that's what I've been claiming all this time?

Also, I've only been employed for the past year while on OPT. Do I need to list that I was a student in the employment section so that it goes back 5 years?

Thanks!

[Little_My 464]

You can just say F1, as that is still your status and even if you were out of status (which you are not, yet), you'd still be adjusting from the F1 status you originally entered under.

F1 students are temporary non-immigrant visitors in the US, which is why they have to maintain a permanent address outside of the US, usually in their home country. Most, myself included, use their parents addresses as it is fairly rare for someone to maintain a house/apt of their own in their home country while studying in the US for several years. If you have not really physically lived there, I wouldn't list it in the section where you're asked to provide your addresses for the past 5 years. It really isn't that big of a deal anyways, but I would just stick listing the addresses you've actually physically resided in. For the last address outside of the US, I would also use the actual address you've physically lived in. Again, not that big of a deal, it's not something USCIS is going to call someone in Australia about..

Just list the jobs you've had under OPT in the employment section.

[GnBnL 50]

Well, in order to satisfy the requirement for OPT you would HAVE to be employed, so I would list it (I assume its in your "field of study" of course) I would use whatever address you DID live at. In the event of your interview, and they ask you about where you lived (routine) they could see your face contort as you fib about living there when you actually did not, and they may take it to mean something more. They are afterall, trained to detect lies. I think also, you would have to provide proof of bonafide relationship since they will want to know about you marrying just as your F-1 expires. Silly, I know, but that's how they like to play it. I hope that you get it all sorted, and please don't be afraid to ask a million questions! that's what Vj is for, and there are a ton of very informed people here to help you.

Good luck!

[lucypp 0]

Thank you both for your help!

I will just use the addresses I've actually lived at. I've felt like I was just telling them what they wanted to hear in the past, which was awkward, so I don't want to look like I'm making things up now.

I realise it's not the best to have gotten married right after my OPT expired. We were planning on getting married next year, but I wasn't able to use the OPT STEM extension after all. I think we have plenty of evidence that it's a bona fide marriage, though; we've been together nearly 5 years.