Canadian F1 Married USC with I-20 Needing Extension

[gogators 0]

Hi everyone! I spent some time reading the pinned threads and doing some searching to get the general idea of how this might work, but couldn't find anything about my specific situation (as seems typical with peoples' threads).

I'm a Canadian citizen that's been on an F1 for a while (I'm about a year out from getting my PhD). I got married about a month ago to a USC and she just got all her documents changed for her new name so now we want to start the process to a green card for me.

My biggest question: My current, grad school I-20 was only written out for four years and expires in August. It was expected that I would take 5 years to complete my program and I'm funded for another year so extending the I-20 isn't a big deal, but do I even need to? Since the green card process takes so long, do I need to extend my I-20 first because I'll be at risk of being out of status, or will the I-130 submission be enough to keep me active (assuming I don't leave the country, which I won't)?

Also, is this the exact process I need to follow? : http://www.visajourney.com/content/i130guide1

I always thought I needed to apply for a K3 then the green card, but I'm seeing something called a CR-1. Is this a straight application to a green card for a non-citizen living in the US?

Thanks for your help!

Jonathon

[milimelo 4,568]

You're already in the US with student visa? Follow this guide: http://www.visajourney.com/content/i130guide2

You will be doing Adjustment of Status from work, student, tourist visa - make sure to follow the guide and collect all forms/documents it lists. I'll move this thread to that forum so it's easier for you.

For I-20 - you definitely want to be in status during AOS - all you have to do is get the I-20 extended or renewed in the international student office. They should be able to help you.

[Kazulie 132]

Any overstay is forgiven if you are married to a US citizen. But DON'T leave the country.

You will be filing the I-130 AND the I-485 (adjustment of status) AT THE SAME TIME. if you do not file these together, they will send the case to Canada.

Go to the uscis.gov website and search for I-130 and I-465.

And then come back here with more questions.

[Little_My 464]

Filing AOS will keep you in status - you do not need to extend the I-20 for that purpose. After USCIS has received your AOS paperwork, you will enter a new period of authorized stay, independent from your F1 status. As long as USCIS gets your papers before your valid I-20 expires, you're fine.

If you want to keep the F1 "alive" as a back-up, in case your case is denied, then you would have to renew the I-20. Also, you would have to discuss with your school's international student adviser to find out whether not having a valid I-20 but having a pending AOS will effect your ability to take classes - school's aren't always entirely aware of what the AOS process entails and means, so better to confirm with the school that they'll let you stay enrolled and taking classes with a pending AOS but expired I-20.

Edit: Regarding traveling, you will be able to travel internationally with the AP travel document, which you can file for free with the AOS papers. It'll take around 90 days from filing to arrive. As long as you haven't overstayed your previous visa, you'll be able to use that document for international travel with a pending AOS.

Edited May 9, 2012 by Little_My

[gogators 0]

Wow, thanks for the fast and thorough responses!

I didn't want to have to bother my advisor for the letter for the extension, but it seems like I should just do that first. Besides, maybe if USCIS sees the extension happen first, they won't assume I got married just to stay in the country (which isn't even close to true).

if you do not file these together, they will send the case to Canada.

What does that mean exactly? lol.

[jdh 103]

if you do not file these together, they will send the case to Canada.

What does that mean exactly? lol.

I doesn't mean anything.

The truth of the matter is that it will slow down yor case if you file seperately though - the best route is to file concurrently, meaning your whole immigration packet at once.

Edited May 9, 2012 by jdh

[Harpa Timsah 13,258]

Wow, thanks for the fast and thorough responses!

I didn't want to have to bother my advisor for the letter for the extension, but it seems like I should just do that first. Besides, maybe if USCIS sees the extension happen first, they won't assume I got married just to stay in the country (which isn't even close to true).

What does that mean exactly? lol.

Gogators:

Visas are used to enter countries. You are used to living in the US "on a visa," your F-1. However, because you are married to a US Citizen, you will no longer need to live in the US "on a visa," you are eligible to be a Permanent resident. A CR-1 visa is a one-time use visa to enter the country to become a Permanent Resident. A K-3 visa is a visa used to enter the country and apply for a Greencard. However, you are already in the country, so you do not need a visa. You are going to go from F-1 visa straight to Greencard (Permanent Residency).

All of these forms are used for multiple purposes. The I-130 establishes a familial relationship between a US Person and a non-US Person. The comment that if you file I-130 alone, your file will go to Canada means that the first guide you found is not the path for you: That path, while also involving a I-130, will indicate that you plan to have an interview in Canada and enter on a CR-1 visa. You can do that if you want, but most people in your situation would go straight from F-1 to Permanent Residency by filing a CONCURRENT I-130/I-485 application from within the US. That way, you will have no time apart from your spouse. This latter path is linked in the second post and ends with "guide 2."

So study up a bit on the process you are aiming for, and then come back and ask questions. Best of luck.

[gogators 0]

So the I-765 form, if I've already filled one of those out because I'm a working student but my SSN card says valid for work only with DHS authorization, do I need to file another I-765 or am I able to just go to the SS office and fix this after receiving permanent residence? Is this just for people who need to work during the interim?

Edit: Regarding traveling, you will be able to travel internationally with the AP travel document, which you can file for free with the AOS papers. It'll take around 90 days from filing to arrive. As long as you haven't overstayed your previous visa, you'll be able to use that document for international travel with a pending AOS.

Are you talking about the I-131? Because I'm not seeing anything that says the $360 fee is waived when submitting it with your I-485...?

Gogators:

Visas are used to enter countries. You are used to living in the US "on a visa," your F-1. However, because you are married to a US Citizen, you will no longer need to live in the US "on a visa," you are eligible to be a Permanent resident. A CR-1 visa is a one-time use visa to enter the country to become a Permanent Resident. A K-3 visa is a visa used to enter the country and apply for a Greencard. However, you are already in the country, so you do not need a visa. You are going to go from F-1 visa straight to Greencard (Permanent Residency).

All of these forms are used for multiple purposes. The I-130 establishes a familial relationship between a US Person and a non-US Person. The comment that if you file I-130 alone, your file will go to Canada means that the first guide you found is not the path for you: That path, while also involving a I-130, will indicate that you plan to have an interview in Canada and enter on a CR-1 visa. You can do that if you want, but most people in your situation would go straight from F-1 to Permanent Residency by filing a CONCURRENT I-130/I-485 application from within the US. That way, you will have no time apart from your spouse. This latter path is linked in the second post and ends with "guide 2."

So study up a bit on the process you are aiming for, and then come back and ask questions. Best of luck.

Very well said. Thanks for explaining that!

[Harpa Timsah 13,258]

If your EAD is valid for a long time, then you do not need to file for another I-765. It is meant as a temporary work permission while the Greencard is processing.

I-131 fee is waived when filed in conjunction with a I-485. You need to pay $420 for the I-130 and $1070 for the I-485. You also need to pay for the medical exam you do on your own beforehand.

If you leave the country before your AP(I-131) is approved and in your hand, you will abandon your Adjustment of Status, lose all of your money, and need to start over with a spousal visa. Plan to be stuck here for a few months.

Plan for the whole process to take 4-6 months. Plan for EAD and AP to be approved in 3 months.

[gogators 0]

I-131 fee is waived when filed in conjunction with a I-485. You need to pay $420 for the I-130 and $1070 for the I-485. You also need to pay for the medical exam you do on your own beforehand.

If you leave the country before your AP(I-131) is approved and in your hand, you will abandon your Adjustment of Status, lose all of your money, and need to start over with a spousal visa. Plan to be stuck here for a few months.

Plan for the whole process to take 4-6 months. Plan for EAD and AP to be approved in 3 months.

I figured as much and didn't plan on leaving - but I just wanted to be prepared in the event of a family emergency. Thanks again.

I have another question concerning the I-485 submission though - my passport was renewed this year so I don't have any F-1 entry stamps in it. All the stamps are in my now-cancelled passport and on my I-94s (which are stapled into my new passport). Should I provide a copy of my cancelled passport too?

[Harpa Timsah 13,258]

I would. Be sure to label it clearly.

[Kazulie 132]

I doesn't mean anything.

The truth of the matter is that it will slow down yor case if you file seperately though - the best route is to file concurrently, meaning your whole immigration packet at once.

It kind of DOES mean something.

If he doesnt send his I-130 and I-465 together, they will assume he will have his interview in Canada. They will send his case there. He will have to go back for the interview and medical. If he has overstayed at that point and depending on how much he has overstayed, he could trigger a ban.

[jdh 103]

It kind of DOES mean something.

If he doesnt send his I-130 and I-465 together, they will assume he will have his interview in Canada. They will send his case there. He will have to go back for the interview and medical. If he has overstayed at that point and depending on how much he has overstayed, he could trigger a ban.

Based on what facts, friend?

Many people file the i-130 seperately without having that issue.

Mind you I am not suggesting that is the route he goes, as it does slow the process.

Edited May 9, 2012 by jdh

[varming 2]

Let get back to the original question.

1. Should you extend your F-1 status (by extending your I-20 validity) before or while applying for permanent residency?

As always, it depends. If your school extends your I-20, then you can stay in the US in F1 status if your I-485 (adjustment of status (AOS) to permanent resident) is denied. But there are conditions. Most importantly you must not have used any privileges that your AOS status gave you, i.e., if you entered the US on AP or used an EAD to complete an I-9, then your F1 status is gone.

After you have received your I-485 receipt you don't have to maintain your F1 status, but again being able to fall back on your F1 status might be nice.

2. What procedure should you follow to get your greencard?

As you are maintaining F1 status in the US you should file your I-130 and I-485 concurrently: http://www.visajourney.com/content/i130guide2.

I recommend that you read that guide and file all your applications concurrently in one packet, but nicely separated to make it easy to handle each form individually. I mailed two envelopes (one for each I-130 and I-485 with supporting documentation) in one prepaid USPS express mail packet. As the I-131 and the I-765 are free when filed concurrently with an I-485 or with an I-485 receipt, I recommend that you file those as well.

3. My passport was renewed this year so I don't have any F-1 entry stamps in it.

The USCIS doesn't care if your visa is in your current passport, and they don't care about the stamps in your passport. They only care about your visa and I-94 (with suitable entry stamp).

Edited May 9, 2012 by varming

[Kazulie 132]

Here ya go..... http://www.visajourney.com/forums/topic/367506-why-are-we-going-to-the-consulate/

This is a current thread. Exactly what I posted earlier.