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Filed: Country: Taiwan
Timeline
Posted

Hello,

I am a US Citizen and applying I-485 for my wife who is in the F-1 Status. She came here with VISITOR VISA, but she converted to F-1 in U.S. I-94 is expired. I-485 instruction does not require to send a copy of valid and non-expired VISA. However, I am wondering if we should include a copy or not. Does it help? Or is it completely unnecessary?

Filed: Country: Taiwan
Timeline
Posted

She came in with a VISITOR visa. This VISITOR visa is shows in her passport, but this is expired. She converted to F-1 Status, but has not been to a Taiwan Consulate to get a VISA stamped. Should I send a copy of the F-1 Status approved by USCIS?

And yes, I am filing I-130 as well.

Filed: Country: Taiwan
Timeline
Posted

The instruction states:

If you have obtained a nonimmigrant visa(s) from a U.S. Embassy or consulate abroad within the last year, submit a photocopy(ies) of the page(s) of your passport containing the visa(s).

In her case:

1. she got the visa abroad, but not "within the last year"

2. she got the F-1 status, but acquired in U.S., thus, not abroad

I am wondering if I should send a copy of the letter sent by USCIS showing F-1 status since the original visitor visa is expired.

Posted

Submit both copy of tourist visa and approved F-1 status.

You do not need a valid visa to file AOS - overstay is irrelevant/forgiven for spouses of USCs. Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

You have to send a copy of whatever visa pertains to the beneficiary's current presence in the U.S.--I'm not sure where you got the "acquired in the last year" from. For example, my F1 visa was issued in 2007; I sent a copy in with my I-485 since that's the visa I used in my last entry before AOS. In the case of the OP, yes, I'd send a copy of both the tourist visa and the adjustment to F1.

Naturalization

November 10th, 2014 (Day 0) - Mailed N-400 to Arizona Lockbox

November 13th, 2014 (Day 1) - Application received in Phoenix

November 14th, 2014 (Day 2) - Priority date on NOA

November 17th, 2014 (Day 5) - Check cashed

November 19th, 2014 (Day 7) - NOA received

November 29th, 2014 (Day 17) - Biometrics appointment letter received

December 1st, 2014 (Day 19) - Walk-in biometrics completed

December 6th, 2014 (Day 24) - Yellow letter received

January 7th, 2015 (Day 56) - Online notification of in line for interview

January 8th, 2015 (Day 57) - Online notification of interview scheduled

January 15th, 2015 (Day 64) - Interview letter received

February 13th, 2015 (Day 93) - Naturalization interview: APPROVED!

February 17th, 2015 (Day 97) - Online notification of oath ceremony scheduled

February 20th, 2015 (Day 100) - Oath ceremony letter received

March 5th, 2015 (Day 113) - Oath ceremony: U.S. CITIZEN!

ROC

November 15th, 2013 (Day 0) - Mailed I-751 to California Service Center

November 18th, 2013 (Day 1) - Application received at CSC; NOA date

November 20th, 2013 (Day 3) - Check cashed

November 22nd, 2013 (Day 5) - NOA received

November 25th, 2013 (Day 8) - Biometrics appointment letter received

December 13th, 2013 (Day 26) - Biometrics appointment

March 24th, 2014 (Day 127) - Card production ordered!

March 31st, 2014 (Day 134) - 10-year green card received!

AOS from F-1 Visa (June 2nd, 2011 - Wedding)
November 9th, 2011 (Day 0) - Mailed I-130/I-485/I-765/I-131 to Chicago Lockbox
November 10th, 2011 (Day 1) - Application received in Chicago
November 15th, 2011 (Day 6) - E-mail notification

November 16th, 2011 (Day 7) - Checks cashed
November 18th, 2011 (Day 9) - NOAs received
November 21st, 2011 (Day 12) - Biometrics appointment notice received
November 23rd, 2011 (Day 14) - Walk-in biometrics completed
January 5th, 2012 (Day 57) - Interview scheduled notice AND notice of card production for EAD and AP
January 13th, 2012 (Day 65) - Combination EAD/AP card received
February 7th, 2012 (Day 90) - Interview: APPROVED!
February 10th, 2012 (Day 93) - Green card production ordered
February 15th, 2012 (Day 98) - Green card received!

Posted

The instructions say within the last year which is where the OP got that from.

I would send it anyway. Better to prove you entered legally right away.

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

 
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