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Adjustment of Status for F-1 OPT student based on marriage to US citizen

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

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Leo7777 Proficient

Leo7777   243

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted

Your suggested plan sounds like it doesn't follow my advice at all.

The thoughts I posted are all my own from my extensive reading here and other places.

Also, we went through the same thing as you. My wife was first on OPT with EAD card and now we have submitted AOS paperwork for GreenCard.

But I don't claim to be correct on anything; just my studied opinion.


- - - - - - - - - - - - - - - - Time Line - - - - - - - - - - - - - - - - - -

10 YEAR GREEN CARD PROCESS

July 22, 2017  ROC packet sent to Vermont.

July 24, 2017  ROC packet signed for in Vermont.

August 8, 2017  NOA received at house.  15 days since ROC signed for in VSC.

August 12, 2017 ASC appointment received. 19 days since ROC in VSC.

August 25, 2017 BIO completed. 32 days since ROC received in VSC.

August 11, 2018  18 month 'Courtesy Copy' extension letter received.  Critical number  297

October 20, 2018 18 month 'Official' extension letter received.  Critical number 297

December 4, 2018  USCIS Account shows: We approved your Form I-751, Petition to Remove Conditions on Residence, 

December 4, 2018, ordered your new card for Receipt # EAC17297003XX, and will mail to the address you gave.

491 days from NOA issued by VSC until Petition approved.

December 7, 2018 USCIS sent notice:  Card mailed.

December 12, 2018 Ten year Green Card received from Lees Summit, MO

499 days from NOA issued by VSC until Green Card received.

- - - - - - - - - - 

CITIZENSHIP PROCESS

December 6, 2018 submitted N-400 application on-line.  Estimated Completion Time: 8 months or August 2019.

December 8, 2018 received notice on USCIS that Biometrics scheduled . . . but the actual date was not yet shown.

December 11, 2018 saw in 'Documents' section of USCIS that Bio scheduled for 24 December 2018.

December 21, 2018 saw on USCIS website that they will be closed 24 December 2018 as extra holiday.

January 9, 2019 went for re-scheduled BIO appointment.  33 days after N-400 submitted on-line.

February 19, 2019 received letter in US mail that Citizenship interview scheduled for 26 March 2019. 74 days after submission on-line.

March 26, 2019 Citizenship interview scheduled for.  109 days after N-400 submitted on-line.

March 26, 2019 Passed Citizenship interview.

April 12, 2019  Received notice that Oath Ceremony had been scheduled for 24 April 2019.  17 days after interview.

April 24, 2019  Oath Ceremony completed.  29 days after interview.     139 days after N-400 submitted on-line.

April 25, 2019  USA Passport Application submitted.

May 3, 2019     USA Passport received.    149 days after N-400 submitted on-line.

May 9, 2019     Certificate of Naturalization and Citizenship returned in mail.

 

 

 

 

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MACYS Newbie

MACYS   0

Posted
Filed: F-1 Visa Country: Bangladesh
 Timeline
Posted

Hi Leo,

Thanks for quick response. I know my plan is not what was suggested by you. Its just that my advisor at school recommended me to keep my F1 status while the I 485 is being processed so in any case things do not go well i may be able to return to my F1 status. Appliying for AOS after my OPT ends would mean that I have to quit my F1 and wait what happen during the process, and hoping it would be a positive outcome. But if things do not go well, i will not be able to stay so I need a back up plan.

The lawyers that i have consulted say to quit my F1 but my advisor said that it is not recommended since there is a risk and that usually students Maintain their F1 and quit only after getting the GC. So i am confused not sure who is correct now.

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Leo7777 Proficient

Leo7777   243

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted

Don't quit your F-1. Get the OPT, then 3 months before OPT expires (12 months or 27 months with extension), file for AOS. EAD card for AOS will come within 90 days.

That way you will always have an EAD card.

As I said, this is exactly what my wife did. No problems with it.

She worked with EAD card from OPT, then applied for AOS and is now working with EAD card from AOS.

Green Card interview 20 October.

Many lawyers know very little about this process. But some know a lot, if they specialize.

Go to these websites and post your question. You will get free advice from multiple lawyers. Look for the consistent answer.

justanswer.com

avvo.com

lawmagic.com


- - - - - - - - - - - - - - - - Time Line - - - - - - - - - - - - - - - - - -

10 YEAR GREEN CARD PROCESS

July 22, 2017  ROC packet sent to Vermont.

July 24, 2017  ROC packet signed for in Vermont.

August 8, 2017  NOA received at house.  15 days since ROC signed for in VSC.

August 12, 2017 ASC appointment received. 19 days since ROC in VSC.

August 25, 2017 BIO completed. 32 days since ROC received in VSC.

August 11, 2018  18 month 'Courtesy Copy' extension letter received.  Critical number  297

October 20, 2018 18 month 'Official' extension letter received.  Critical number 297

December 4, 2018  USCIS Account shows: We approved your Form I-751, Petition to Remove Conditions on Residence, 

December 4, 2018, ordered your new card for Receipt # EAC17297003XX, and will mail to the address you gave.

491 days from NOA issued by VSC until Petition approved.

December 7, 2018 USCIS sent notice:  Card mailed.

December 12, 2018 Ten year Green Card received from Lees Summit, MO

499 days from NOA issued by VSC until Green Card received.

- - - - - - - - - - 

CITIZENSHIP PROCESS

December 6, 2018 submitted N-400 application on-line.  Estimated Completion Time: 8 months or August 2019.

December 8, 2018 received notice on USCIS that Biometrics scheduled . . . but the actual date was not yet shown.

December 11, 2018 saw in 'Documents' section of USCIS that Bio scheduled for 24 December 2018.

December 21, 2018 saw on USCIS website that they will be closed 24 December 2018 as extra holiday.

January 9, 2019 went for re-scheduled BIO appointment.  33 days after N-400 submitted on-line.

February 19, 2019 received letter in US mail that Citizenship interview scheduled for 26 March 2019. 74 days after submission on-line.

March 26, 2019 Citizenship interview scheduled for.  109 days after N-400 submitted on-line.

March 26, 2019 Passed Citizenship interview.

April 12, 2019  Received notice that Oath Ceremony had been scheduled for 24 April 2019.  17 days after interview.

April 24, 2019  Oath Ceremony completed.  29 days after interview.     139 days after N-400 submitted on-line.

April 25, 2019  USA Passport Application submitted.

May 3, 2019     USA Passport received.    149 days after N-400 submitted on-line.

May 9, 2019     Certificate of Naturalization and Citizenship returned in mail.

 

 

 

 

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codycody Community Regular

codycody   31

Posted
Filed: Citizen (pnd) Country: Vietnam
 Timeline
Posted

For sure you won't apply OPT EAD and AOS EAD at the same time, they gonna deny your OPT EAD while they are taking your AOS EAD. If I were you I will apply for AOS EAD instead of OPT EAD. Keep in my that you have 90 days legal stay in US as ready depart before leaving when your study is complete. I am a STEM OPT and now do a AOS and everything is OK now. One more thing is once you filed AOS you are legal to stay in US to wait till your Green card is approved. And the last one is please maintain your legal F-1 before file a AOS.

Month/Day/Year

F2A

Married on 10/08/2012

I-130 sent on 09/15/2013

Priority day is 09/16/2013

I-130 was approved on 11/15/2013

I did wait almost 2 years for my visa available to be able to send I-485.

AOS

I-485 and I-765 were sent on 05/29/2015

USCIS Received Date June 02, 2015 

A check of $1070 was cashed by USCIS Chicago on 06/08/2015

Biometrics Appointment on July 1st, 2015

EAD is approved on August 10th 2015 (73 days)

Received EAD card on August 19th 2015

Sent renew EAD on April 9th 2016

Got interview notice on March 30th 2016

USCIS received on April 11th 2016

Interview Scheduled on May 3rd 2016

Approved on the spot - Handed print out approval notice.

Received 10 years GC in hand on May 7th 2016

N-400 

Filed online on 02/02/2021

NOA online on 02/02/2021

Received NOA in mail on 02/10/2021

Reuse Biometrics NOA online 02/19/2021

Received  in mail Reuse Biometrics NOA on  03/01/2021

Interview Scheduled on 02/17/2022

Interviewed on 03/16/2022

Oath scheduled on 03/22/2022

Took Oath on 04/02/2022

 

 

 

 

 

 

 

 

 

 

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MACYS Newbie

MACYS   0

Posted
Filed: F-1 Visa Country: Bangladesh
 Timeline
Posted

Codycody,

Thank you for your reply. As far as I know OPT is still F1 status, isn't it? I want to keep my F1 status while my AOS is being processed since there are risk that the outcome from AOS may not be positive. Thats why I want to remein a F1 student. So my options are to apply for OPT or apply for AOS to get the EAD card and take another full time course, which i am trying to avoid

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