How long does it take to get from F1-> AOS?

[kwaldner 0]

Hi all,

Thanks for reading this. So here's the situation. My girlfriend (a USC) and I (international student) are wondering when is the best time to get married. I currently have one more year of college left (until Jun 2015), and my F-1 visa expires in Jun 2016. Do you think that getting married in Dec 2014 is early enough for me to get approval for AOS so that I can continue staying legally in the US after completion of studies in Jun 2015? If so, could you outline the general timeline/process? Also, what documents are usually needed for international students to get married in the US?

Thanks and any constructive comments are much appreciated!

[NancyNguyen 1,658]

Varies case to case and

http://www.visajourney.com/content/i130guide2

[wavj 26]

Varies case to case and

http://www.visajourney.com/content/i130guide2

Like NancyNguen said.It mostly depends on how busy your field office is to schedule your appointment and if you get any RFE's or not. My case took 3 months shy with no RFE's and very relaxed interview experience.

[CdnRN 40]

It does vary, you can look at immigration timelines on this site for your local office and also see what the processing times say at USCIS. RFEs will delay things, if you get one.

My AOS has been ~3.5 months mostly sitting and waiting for an interview at a very busy office. An immigration lawyer for my employer advised me to allow about 6 months for the process.

[Harpa Timsah 13,258]

The instant you file AOS you can stay legally, though.

[AnotherLostSoul 167]

OP: while it is true, it varies from case to case, but it ranges from 2 months to 6 months, so although I'm not an IO at USCIS looking at your case, but I'm pretty confident you'll have your green card way earlier than June 2015, so I would not worry and just get married and file away! Good luck!

[kwaldner 0]

Thank you all for your replies! This is comforting to hear, so just to make sure, the very moment I turn in my documents for AOS, I am allowed to stay here legally? I am just worried it might take awhile, and is it true that I can still apply for an OPT even when I am married, as long as my status is still an f-1 status? Thanks all

P.S. Does a copy of my birth certificate have to be certified?

Edited September 9, 2014 by kwaldner

[fullglass 5]

Hi all,

Thanks for reading this. So here's the situation. My girlfriend (a USC) and I (international student) are wondering when is the best time to get married. I currently have one more year of college left (until Jun 2015), and my F-1 visa expires in Jun 2016. Do you think that getting married in Dec 2014 is early enough for me to get approval for AOS so that I can continue staying legally in the US after completion of studies in Jun 2015? If so, could you outline the general timeline/process? Also, what documents are usually needed for international students to get married in the US?

Thanks and any constructive comments are much appreciated!

Once you submit your AOS packet, then you would be in "Pending" status, meaning you can stay in the US legally until you get a decision from USCIS. There are two options:

1. you can continue to attend school and maintain status, in case things don't go as planned with your AOS and you have your F1 status to fall back on. even if you complete your studies in june 2015, you could always pick up another program and your current school or another school, as your I94 should say "D/S". Even if your student visa expires, as long as you are maintaining status and have a valid I20, then you are okay.

2. once you send off your AOS packet, you could stop attending school. however, if your AOS doesn't get approved, then you would have to leave the US immediately since you would be considered out of status.

The timing depends on the service center and how many applications there are prior to yours.

As far as the documents, I suggest reading the instructions for each form.

[fullglass 5]

Thank you all for your replies! This is comforting to hear, so just to make sure, the very moment I turn in my documents for AOS, I am allowed to stay here legally? I am just worried it might take awhile, and is it true that I can still apply for an OPT even when I am married, as long as my status is still an f-1 status? Thanks all

P.S. Does a copy of my birth certificate have to be certified?

The moment you turn in your AOS packet, it does NOT grant you any immigration status, however, you will be in "PENDING" status and will be allowed to stay in the US until a decision has been made. If you maintain status, you have that to fall back on if the AOS doesn't get approved, but if you don't maintain your F1 status, you would have to leave the US if denied.

OPT has nothing to do with marriage. If you are an international student, married or not, you are eligible for OPT, provided that you have not used any OPT/CPT time.

[fullglass 5]

OP: while it is true, it varies from case to case, but it ranges from 2 months to 6 months, so although I'm not an IO at USCIS looking at your case, but I'm pretty confident you'll have your green card way earlier than June 2015, so I would not worry and just get married and file away! Good luck!

It could take longer than 6 months.

I am a USC applying for AOS for my spouse and it's been 9 months so far.

[AnotherLostSoul 167]

jesus christ, I was just kidding then! I'm so sorry to hear that. I never heard anyone taking that long... Sorry!

It could take longer than 6 months.

I am a USC applying for AOS for my spouse and it's been 9 months so far.

[fullglass 5]

jesus christ, I was just kidding then! I'm so sorry to hear that. I never heard anyone taking that long... Sorry!

Yeah it's been a long process.

Edited September 9, 2014 by fullglass

[wavj 26]

Thank you all for your replies! This is comforting to hear, so just to make sure, the very moment I turn in my documents for AOS, I am allowed to stay here legally? I am just worried it might take awhile, and is it true that I can still apply for an OPT even when I am married, as long as my status is still an f-1 status? Thanks all

P.S. Does a copy of my birth certificate have to be certified?

I did my own birth certificate translation and I certified it myself. Everything was fine.

[kwaldner 0]

Thank you all for your replies, I have one more question though. The green card that is first issued will probably be a 2-year conditional green card, is that right? If I leave the country for a year right after getting the conditional green card, is that alright?

Edited September 9, 2014 by kwaldner

[seth2013 39]

This is from uscis.gov: "A green card is valid for readmission to the United States after a trip abroad if you do not leave for longer than 1 year. If your trip will last longer than 1 year, a reentry permit is needed."

Link: http://www.uscis.gov/green-card/after-green-card-granted

I believe the re-entry permit is form I-131. Otherwise, you're good to go. It might raise some eyebrows when you go to remove conditions on your green card, but as long as you have a valid reason for needing to leave and other ample proof of legitimate relationship you'll be fine.