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MBK

Did I blow my chances for AOS?

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

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MBK Newbie

MBK   0

Posted
Filed: F-1 Visa Country: Germany
 Timeline
Posted (edited)

Hi Everyone,

I have been a graduate student holding a F-1 visa in good standing for the past 5 years. I married my girl-friend of more than 4 years (a US citizen) last August.

As I was finalizing my documents to apply for AOS with the help of this fantastic website, I came across some posts in this forum that made me realize that I might have a big problem:

My mom is in terrible health and I had to leave the country shortly after the wedding and reentered a week later on my F-1. I did the same again before Christmas. Does the fact that I reentered the country using my F-1 although I am now married to a US citizen blow my chances for AOS? Or do I have to leave the country and reenter on a different visa to be able to apply for AOS. I am still a graduate student in full pursuit of my PhD and it never occurred to me that this could be a problem. I was never asked about the marriage or my intent to enter the country at POE.

I'd very much appreciate your input. Thanks!

MBK

Edited by MBK

Day 1 - 1/4/13 - mailed AOS package (Chicago Lockbox)

Day 6 - 1/10/13 - package received (email notification)

Day 7 - 1/11/13 - checks cashed

Day 10 - 1/14/13 - NOAs received

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

If you were not asked about your spouse or anything else then it is not possible for you to lie about it.

Provided you have been truthful at all times (as it seems you have) then there are no issues and you can file for AoS in the normal way.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

MBK Newbie

MBK   0

Posted
Filed: F-1 Visa Country: Germany
 Timeline
  • Author
Posted

Yes, that is correct - I haven't been questioned at the POE.

So there's no need to be concerned about raising red flags at the USCIS with my F-1 re-entries after the wedding?

MBK

Day 1 - 1/4/13 - mailed AOS package (Chicago Lockbox)

Day 6 - 1/10/13 - package received (email notification)

Day 7 - 1/11/13 - checks cashed

Day 10 - 1/14/13 - NOAs received

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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