F1 - AOS during OPT? and we are in different states, help pls!

[phoechen 0]

Hi Happy New Year!

We need your help pls in terms of what to do and when to do? It's just overwhelming.

Here are our info:

I came to US over 2 years ago under F1 visa (Master's degree) and i graduated in May 2014. So now i'm on OPT working (i have income).

My boyfriend (US citizen) and I met at school and we've been together since late 2012.

He started to work in Colorado in Aug and me in California 2014.

We've taken a lot of trips together since we are together and i've been flying to visit him once every month on average since late summer.

We are thinking about getting marriage but how big is our chance to get rejection for AOS?

Must we live together to proof that we are together thus to get the approval? We don't want to be banned or separated because of careless & stupid application mistakes.

My OPT expires in mid June 2015 so how much time in advance should we get married and start the application process?

Thank you so much for your help in advance!!

Phoebe

[NikLR 13,232]

~~moved to AOS from student, work, and travel visas as OP is looking to AOS from What Visa Do I Need~~

[NancyNguyen 1,658]

What's the point of getting married when you are not gonna be together? In USCIS perspective of bonafide marriage, it doesn't make senses.

[phoechen 0]

What's the point of getting married when you are not gonna be together? In USCIS perspective of bonafide marriage, it doesn't make senses.

Hi Nancy,

Thanks for the reply.

We ended up in different locations because of job offers. He is trying to get a job in California so that we can be together. But it takes time.

He can of course quit his job right now and move to California to find a job but without his income, my income isn't enough to support us for long. It's just these circumstances that we don't know how to deal with now.

[1brit 4]

Hi Phoechen,

I am in a similar position although I am still on an F-1 visa and graduating in May. My husband and I got married last week, but he has been living in Utah since July because he got accepted to do a PhD there.

I think you will be fine; as long as you are a real couple and have the intent to live together. I am not sure what sort of evidence you could gather, but in my case, I am going to ask his family to write a letter on our behalf explaining our situation and will be attaching a TON of photos of us throughout the years. I am also planning to move over to Utah when I graduate and we have been putting in motion plans to get a joint bank account and have already got joint car insurance as more evidence.

I am starting the process now, and I would also recommend you start ASAP. The sooner the better!

Best of luck!

Hi Happy New Year!

We need your help pls in terms of what to do and when to do? It's just overwhelming.

Here are our info:

I came to US over 2 years ago under F1 visa (Master's degree) and i graduated in May 2014. So now i'm on OPT working (i have income).

My boyfriend (US citizen) and I met at school and we've been together since late 2012.

He started to work in Colorado in Aug and me in California 2014.

We've taken a lot of trips together since we are together and i've been flying to visit him once every month on average since late summer.

We are thinking about getting marriage but how big is our chance to get rejection for AOS?

Must we live together to proof that we are together thus to get the approval? We don't want to be banned or separated because of careless & stupid application mistakes.

My OPT expires in mid June 2015 so how much time in advance should we get married and start the application process?

Thank you so much for your help in advance!!

Phoebe

[Darnell 8,479]

helpful hints:

1. redo all leases to include both names.

2. redo all utility bills to include both names.

all = all , it's at least 2 residences, yes?

[phoechen 0]

Got it, thank you!

redo - date back to when?

helpful hints:

1. redo all leases to include both names.

2. redo all utility bills to include both names.

all = all , it's at least 2 residences, yes?

[phoechen 0]

Thank you so much!

Yes, i talked to a lawyer this morning and it seems that we still need to live together (share the same address) to be safe for AOS.

Joint documents are nice to have but not that convincing.

We do need to take actions as soon as possible.

Thanks again and wish you best of luck too!

Phoebe

Hi Phoechen,

I am in a similar position although I am still on an F-1 visa and graduating in May. My husband and I got married last week, but he has been living in Utah since July because he got accepted to do a PhD there.

I think you will be fine; as long as you are a real couple and have the intent to live together. I am not sure what sort of evidence you could gather, but in my case, I am going to ask his family to write a letter on our behalf explaining our situation and will be attaching a TON of photos of us throughout the years. I am also planning to move over to Utah when I graduate and we have been putting in motion plans to get a joint bank account and have already got joint car insurance as more evidence.

I am starting the process now, and I would also recommend you start ASAP. The sooner the better!

Best of luck!