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Student Visa to AOS

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

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WindowLove Explorer

WindowLove   1

Posted
Filed: Country: Canada
 Timeline
Posted (edited)

Hello,

I need your advices. I'm an international student, my set goal was to graduate with a degree in the states. Now, before I go any further, I should probably tell you that I have a boyfriend of 3 years. The school at which I am attending is in the same state as he is, he's actually about 3 hours away from me now. If we wanted to get married, what would you guys suggest? I am currently on an F1 Student Visa, I should get a AOS before a CR-1, right? Another question I have is what are the requirements of getting married in the states? He's also a student... What would the process be? Would you guys be able to guide me through which process I should take first... Should I get an AOS before hand? Another situation would be, what if I were to drop out of college for the time being due to not having the funds but we still wanted to get married. I would have 60 days to depart, how would we go about that?

Edited by WindowLove
kzielu Experienced

kzielu   1,152

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

I am not sure if you know what terms you are using mean. You can file for AOS (Adjustment of Status) from within US, after you are married to US citizen. If you do that, then there is no CR-1 (no need for it). If you want to file for CR-1, you can do that and wait for consular processing in your home country.

Either one or the other, not both.

mngoalie Explorer

mngoalie   10

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Even with a student Visa we can just get married and I can file for an AOS and things would be okay? How long does the process usually take?

I married my husband who was here on a student visa (F-1) and we did an AOS. We filed about 2 months ago and have our interview in acouple of weeks.

Follow the guide in the guides section on how to do it. Its a fairly simple process :)

Adjusting from F-1
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received
09/03/2013 - NOA hard copies received

09/09/2013 - Biometric appointment letter received
09/23/2013 - Biometrics appointment (completed)

10/01/2013 - status online changed to "Testing and Interview"

10/28/2013 - EAD in production
11/06/2013 - EAD received
11/08/2013 - Interview/Approved with RFE for long form birth certificate

12/03/2013 - sent in birth certificate

12/14/2013 - got notification green card in production
12/24/2013 - Green card

WindowLove Explorer

WindowLove   1

Posted
Filed: Country: Canada
 Timeline
  • Author
Posted

I married my husband who was here on a student visa (F-1) and we did an AOS. We filed about 2 months ago and have our interview in acouple of weeks.

Follow the guide in the guides section on how to do it. Its a fairly simple process :)

Thank you :)

What if he's a student which means he doesn't necessarily have the funds for everything, would that be a stipulation?

mngoalie Explorer

mngoalie   10

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Thank you smile.png

What if he's a student which means he doesn't necessarily have the funds for everything, would that be a stipulation?

he has to make a certain amount of money (125% above poverty, I believe) to sponsor a family member (spouse) Check the guides for information on that. You could also have a co sponsor, like his parents, as long as they make enough.

Adjusting from F-1
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received
09/03/2013 - NOA hard copies received

09/09/2013 - Biometric appointment letter received
09/23/2013 - Biometrics appointment (completed)

10/01/2013 - status online changed to "Testing and Interview"

10/28/2013 - EAD in production
11/06/2013 - EAD received
11/08/2013 - Interview/Approved with RFE for long form birth certificate

12/03/2013 - sent in birth certificate

12/14/2013 - got notification green card in production
12/24/2013 - Green card

WindowLove Explorer

WindowLove   1

Posted
Filed: Country: Canada
 Timeline
  • Author
Posted

he has to make a certain amount of money (125% above poverty, I believe) to sponsor a family member (spouse) Check the guides for information on that. You could also have a co sponsor, like his parents, as long as they make enough.

What if we were to get married and I go back to my country for a while, can I still get the AOS?

mngoalie Explorer

mngoalie   10

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

What if we were to get married and I go back to my country for a while, can I still get the AOS?

No. If you leave, you'd have to apply for a CR-1 visa.

Adjusting from F-1
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received
09/03/2013 - NOA hard copies received

09/09/2013 - Biometric appointment letter received
09/23/2013 - Biometrics appointment (completed)

10/01/2013 - status online changed to "Testing and Interview"

10/28/2013 - EAD in production
11/06/2013 - EAD received
11/08/2013 - Interview/Approved with RFE for long form birth certificate

12/03/2013 - sent in birth certificate

12/14/2013 - got notification green card in production
12/24/2013 - Green card

mngoalie Explorer

mngoalie   10

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

If I depart from my Student Visa and go there as visiting with or without a vistor visa, can we still apply for AOS?

coming back to the US on a visitor visa (or no visa in the case of a Canadian) just so you can AOS is fraud and could result in a lifetime ban from ever coming back. If you're going to get married and AOS, you're pretty much stuck here until the process is complete, or until your advance parole (a document you can apply for at the same time as your AOS) arrives.

if you want to go to your home country, you can then apply for a K-1 fiancee visa, or a CR-1 visa. Both take longer than AOS in most cases.

Adjusting from F-1
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received
09/03/2013 - NOA hard copies received

09/09/2013 - Biometric appointment letter received
09/23/2013 - Biometrics appointment (completed)

10/01/2013 - status online changed to "Testing and Interview"

10/28/2013 - EAD in production
11/06/2013 - EAD received
11/08/2013 - Interview/Approved with RFE for long form birth certificate

12/03/2013 - sent in birth certificate

12/14/2013 - got notification green card in production
12/24/2013 - Green card

WindowLove Explorer

WindowLove   1

Posted
Filed: Country: Canada
 Timeline
  • Author
Posted

coming back to the US on a visitor visa (or no visa in the case of a Canadian) just so you can AOS is fraud and could result in a lifetime ban from ever coming back. If you're going to get married and AOS, you're pretty much stuck here until the process is complete, or until your advance parole (a document you can apply for at the same time as your AOS) arrives.

if you want to go to your home country, you can then apply for a K-1 fiancee visa, or a CR-1 visa. Both take longer than AOS in most cases.

Ah, this clears up a lot of things. Thank you!

smitherton Contributor

smitherton   3

Posted
Filed: Citizen (apr) Timeline
Posted

If I depart from my Student Visa and go there as visiting with or without a vistor visa, can we still apply for AOS?

If you're married, apply for AOS by sending in the i-485, i-130, i-131 and EAD if needed. Then remain in the US until at least your i-131 is approved and on your person.

mngoalie Explorer

mngoalie   10

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Just to clarify this one last thing, what if my Student visa expires before my AOS goes through? Do I just stick around?

Yup. Just stay put.

Adjusting from F-1
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received
09/03/2013 - NOA hard copies received

09/09/2013 - Biometric appointment letter received
09/23/2013 - Biometrics appointment (completed)

10/01/2013 - status online changed to "Testing and Interview"

10/28/2013 - EAD in production
11/06/2013 - EAD received
11/08/2013 - Interview/Approved with RFE for long form birth certificate

12/03/2013 - sent in birth certificate

12/14/2013 - got notification green card in production
12/24/2013 - Green card

 
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