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AOS with an F1 based on Family based

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

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blackmountain Apprentice

blackmountain   0

Posted
Filed: Country: Turkey
 Timeline
Posted

Hello. I got married with my girlfriend who was an F1 student, in September 10, 2013. We applied for her AOS on 24th of September while she is still in school. She got her work permit and AP in mid December, 2013. We haven't been scheduled for GC interview but on USCIS site we have;

Your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS is now ready for interview scheduling. When scheduling is complete, you will receive a notice with a time and place for your interview. as status, assuming we'll be getting the interview date very soon. My question is; would she jeopardize her F1 if she didn't take any classes this semester (spring)? We just don't want to pay International student tuition and wait till she receives her GC to go back to school...

Any ideas??

longtrip Explorer

longtrip   24

Posted
Filed: IR-1/CR-1 Visa Country: Cameroon
 Timeline
Posted

Call USCIS to find out exactly when the interview will be scheduled.

There are many options out there, just can't remember. Financial hardship could qualify your spouse for an extension from returning to school in the Spring - and you could use this excuse until your spouse gets the GC for in-state tuition. Please do some research to find out the best option for you.

Your girlfriend being married to you (I presume you are a USC) qualifies her for in-state tuition just with your marriage certificate (contact the school for more information).

USCIS:

04/01/13: I-130 Sent

04/03/13: I-130 Package received by CIS – Priority Date

04/04/13: I-130 NOA1 Email received

04/08/13: I-130 Check cashed ($420)

04/08/13: I-130 NOA1 Hardcopy received

11/14/13: I-130 transferred from NBC to Nebraska Service Center

03/02/14: I-130 NOA2 Email received

03/06/14: I-130 Email received - Shipped to NVC

03/06/14: I-130 NOA2 hardcopy received


NVC:

03/12/14: I-130 petition received at NVC

04/14/14: I-130 Case number Assigned

04/16/14: AOS invoice generated

04/16/14: AOS invoice available and PAID ($88.00)

04/17/14: Mailed AOS Package to NVC

04/21/14: AOS Package delivered at NVC

04/24/14: IV invoice available and PAID ($230)

04/25/14: IV Package mailed to NVC

04/28/14: IV Package delivered at NVC

04/28/14: IV Fees deducted from bank account

04/29/14: IV fee shows as “PAID”

04/29/14: DS-260 Submitted online

05/12/14: AOS (I-864) Accepted – No checklist

05/20/14: Case complete

06/11/14: Interview date assigned (July 29 at 8am)

06/12/14: Case shipped to consulate


CONSULATE (Cameroon):

06/16/14: Case arrives consulate

06/26/14: Case shows READY in system

07/14/14: Medical done - Medical Fees ($220)

07/29/14: Interview date @ 8:00 am. Interview Approved

08/21/14: Visa Received

08/27/14: US Entry

09/05/14: Paid Immigrant Fee via USCIS Elis system ($165)

09/12/14: Immigrant Case received by USCIS Mesquite TX office

10/02/14: Green card received


REMOVAL OF CONDITIONS (I-751):

06/03/16: I-751 sent ($590)

06/06/16: NOA1 Date (I-751 Package received by CIS)

06/13/16: I-1751 NOA1 Hardcopy received (with note EXTENDING CONDITIONAL RESIDENCE FOR 1 MORE YEAR). No need to have passport stamped at local office while case is being processed.

Lynkali Community Regular

Lynkali   163

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

I can't answer about the student visa part, but you'll need to check with the school to see whether she will even qualify for in-state tuition -- even after being married to you, some schools still require one year of residency before you're allowed to pay in-state tuition. Every school is different, so call her school and check before you make any decisions.

Relationship since April 2006

K-1 Visa: I-129F filed November 6, 2012, NOA2 May 17, 2013, Interview and Approval July 24, 2013

POE San Diego, September 13, 2013, Wedding October 25, 2013

AOS filed November 19, 2013, EAD/AP received January 30, 2014, interview and AOS Approval on February 27, 2014.

ROC filed December 3, 2015, NOA1 12/4/15, Biometrics 12/31/15, ROC Approval on June 16, 2016, 10-Year Green Card received June 22, 2016.

N400 filed September 14, 2023, same day acceptance and Biometric Reuse notice, Interview on 2/13/24: Passed and same day oath. ALL DONE WITH USCIS.

No RFE at any stage, thanks to VisaJourney!

Detailed Timeline Below!

 

Relationship:
2006 April 01: Met online, music site, 2007 February 20: Met in person, Finland, 2007 - 2012 met several times in Finland and California

K-1 Visa:
2012 November 06: Sent I-129F (NOA1 on 11/9/2012)
2013 May 14: Contacted Congressman
2013 May 17: I-129F NOA2 Approved
2013 June 03: NVC Received (NVC left 6/6/13)
2013 June 10: Consulate Received, 2013 June 13: Medical, 2013 June 25: Sent Packet 3/4
2013 July 24: Interview in Helsinki, 2013 July 27: Visa Received
2013 September 13: POE to USA, San Diego

AOS:
2013 October 22: SSN Received
2013 October 25: Wedding, San Marcos, CA
2013 November 19: AOS, AP, EAD sent (NOA 1 on 11/22/13)
2013 December 17: Biometrics, San Marcos, CA, 2013 December 24: Online status changed to Testing/Interview

2014 January 23: Interview notice mailed (for 2/27), 2014 January 24: EAD card production, AP approval (card received 1/30/2014)

2014 February 27: Interview and Approval, GC in production (card received March 6, 2014)

 

ROC:

2015 December 03: mailed I-751 package

2015 December 04: NOA1 extension letter, 2015 December 31: Biometrics appointment

2016 June 16: Approval - Online status changed to Document Production, mailed 6/20/16

2016 June 22: 10-Year Green Card Received, done with USCIS for a while!

 

N-400 Citizenship:

2023 September 14: filed N-400 online

2023 September 14: same day acceptance notice and "Biometrics Reuse" notice

2023 December 28: notice of interview scheduled for February 13, 2024

2024 February 13: naturalization interview (five-year rule) passed, same day oath - now a US Citizen and done with USCIS!

Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

~Moved from Family-based AOS to Work, Student, Tourist-based AOS Forum~

~Adjusting from Student Visa~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Hypnos Grand Master

Hypnos   6,578

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

Your girlfriend being married to you (I presume you are a USC) qualifies her for in-state tuition just with your marriage certificate (contact the school for more information).

Not in Texas it doesn't, and it seems that's where the OP is.

To answer the question, the university will likely terminate your wife's F-1 status in SEVIS if she does not attend classes. This will not prevent her from receiving a green card, but if that is denied for any reason then she will no longer have the F-1 to fall back on.

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

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

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