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Filed: Timeline
Posted

I entered US with B-2 (visitor visa), changed my visa to F-1 (student) in the US, and never left US since then. And now I'm married to a US citizen. I never had 'overstayed,' and I have had F-1 visa for the past 13 years. Finally, I'm trying to apply for greencard with my husband, but I have few questions from the form I-485 and I-130.

1. I changed from B-2 to F-1 in the US, how would I write/show this in the I-485 where it asks for visa type and date of my first entry into US?

Should I write "B-2 visitor visa to F-1 student visa"? How would I explain my case in the form?

2. I was on OPT (optional practical training) for 1 year after my bachelor's degree (from 2010-2011). I was an 'independent contractor' and filed taxes for that year I had my OPT. Is this considered employment? Do I have to list it under the section where it asks for my employment history for the past 5 years? If yes, what would I say my employer is, as I was an independent contractor?

Please help!

Thank you so much!!

Filed: Timeline
Posted

I entered US with B-2 (visitor visa), changed my visa to F-1 (student) in the US, and never left US since then. And now I'm married to a US citizen. I never had 'overstayed,' and I have had F-1 visa for the past 13 years. Finally, I'm trying to apply for greencard with my husband, but I have few questions from the form I-485 and I-130.

1. I changed from B-2 to F-1 in the US, how would I write/show this in the I-485 where it asks for visa type and date of my first entry into US?

Should I write "B-2 visitor visa to F-1 student visa"? How would I explain my case in the form?

2. I was on OPT (optional practical training) for 1 year after my bachelor's degree (from 2010-2011). I was an 'independent contractor' and filed taxes for that year I had my OPT. Is this considered employment? Do I have to list it under the section where it asks for my employment history for the past 5 years? If yes, what would I say my employer is, as I was an independent contractor?

Please help!

Thank you so much!!

1. No, you've never had an "F-1 visa". A "visa" (a.k.a. "visa stamp") is only for entering the U.S. Since you've never been outside the U.S. during this time, you've never needed a visa. You've had F-1 "status", which you changed to from B-2 status inside the U.S. When they ask for "visa" or "class of admission", then it's the B-2 visa. However, if they ask for "current status", then it's F-1 status.

2. Sure, it is employment. Perhaps you would say "self-employed" for employer? I am not exactly sure.

 
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