Question: AOS for F-1 married to soon-to-be USC

[dibu 0]

Hi,

I would like to thank you in advance for all your help! Here is our situation which requires your expertise:

- I am a green-card holder in the process of becoming a USC (expected date of naturalization: March 2007).

- My wife came to the US on an F-1 visa in Sept 2003, and we got married in July 2004.

- She is now graduating from college, and her OPT year will expire in April 2007.

We have two questions:

1. Will it be a problem for her to get AOS from an F-1 non-immigrant visa? We knew each other before she immigrated on an F-1 visa, but we decided to get married and stay in the US only after she had studied here for almost a year.

2. Upon my naturalization, we are going to apply for my wife's green card and Employment Authorization right away. While her green card is processing, will my wife be able to attend school at all if she decided to re-enroll at college? Also, what is the general waiting time for the processing of an I-765 in Columbus, Ohio?

Thanks for all your help!

[Saddle Bronc 124]

Hi,

I would like to thank you in advance for all your help! Here is our situation which requires your expertise:

- I am a green-card holder in the process of becoming a USC (expected date of naturalization: March 2007).

- My wife came to the US on an F-1 visa in Sept 2003, and we got married in July 2004.

- She is now graduating from college, and her OPT year will expire in April 2007.

We have two questions:

1. Will it be a problem for her to get AOS from an F-1 non-immigrant visa? We knew each other before she immigrated on an F-1 visa, but we decided to get married and stay in the US only after she had studied here for almost a year.

Correction: while she entered US on a F-1, she didn't immigrate on it (your words, bolded red). Yes, it is possible to do AOS from F-1.

2. Upon my naturalization, we are going to apply for my wife's green card and Employment Authorization right away. While her green card is processing, will my wife be able to attend school at all if she decided to re-enroll at college? Also, what is the general waiting time for the processing of an I-765 in Columbus, Ohio?

Yes; Process times for Columbus, OH; as of Oct 12, they were processing apps submitted prior to July 30.

Thanks for all your help!

You're welcome

[silly_chick 0]

Yes, you can adjust from F-1.

Yes, you can go to school while AOS is pending.

[ardilla 0]

My hubby came on an F-1 four years ago and we are going through AOS right now. We consulted with an attorney and he reassured us that it's no problem to do AOS, as long as your spouse was not engaged to you when they applied for the F-1 (very important) as the visa applicant must declare whether or not s/he has a fiance living in the US.

Also, it's important to verify if she has been in status the entire time she has been in the US, and has not worked without INS authorization.

It would be good if she talked this over with the international student office at her university, just so they can assist with any "maintenance of status" issues.

[dibu 0]

Thank you all so much! You helped us tremendously and it looks like we should not have any major issues with AOS etc.