AOS for F1 students

[Silke 1]

I entered the US as an F1 student; after graduating from college, I obtained my Employment Authorization Card for the Optional Practical Training Year (OPT). I started my OPT June 1st, 2006 and will finish it June 1st of this year.

While I was still in college, I met my now fiancé. We are planning on getting married in April.

This brings up a few of questions:

1) Do I qualify for adjustment of status considering that I’m already in the country on a F1 visa?

2) If yes, what steps do we have to follow when applying for adjustment of status?

3) Do I still have to be enrolled in school AFTER we submit the application documents? Since my OPT comes to an end June 1st, 2007, would I have to reenroll in school and stay enrolled until my case gets approved?

Thanks for your help. Silke

[brightside 0]

I entered the US as an F1 student; after graduating from college, I obtained my Employment Authorization Card for the Optional Practical Training Year (OPT). I started my OPT June 1st, 2006 and will finish it June 1st of this year.

While I was still in college, I met my now fiancé. We are planning on getting married in April.

This brings up a few of questions:

1) Do I qualify for adjustment of status considering that I’m already in the country on a F1 visa?

2) If yes, what steps do we have to follow when applying for adjustment of status?

3) Do I still have to be enrolled in school AFTER we submit the application documents? Since my OPT comes to an end June 1st, 2007, would I have to reenroll in school and stay enrolled until my case gets approved?

Thanks for your help. Silke

1) Do I qualify for adjustment of status considering that I’m already in the country on a F1 visa?

YES, you do and should apply ASAP after marriage.

2) If yes, what steps do we have to follow when applying for adjustment of status?

Apply for I-130, I-485, I-765 and I-131 concurrently with all the necessary documentation.

check out this link for details http://www.***removed***/greencard/adjustme...atus/index.html

3) Do I still have to be enrolled in school AFTER we submit the application documents? Since my OPT comes to an end June 1st, 2007, would I have to reenroll in school and stay enrolled until my case gets approved?

NO. After you apply and receive your receipt in mail, your status changes to 'AOS pending' from F-1. So, you can legally stay in USA since you are a pending immigrant. Also, if you apply for EAD based on marriage, and after approval, if you use it, then, you wont be able to use your OPT-EAD. An advantage of marriage based EAD is that you no longer have to work only in the area of your field of study which is the requirement with OPT-EAD.

[Sven 0]

Hi, I am doing the same right now. F1->GC married based. If you like you can message me. Ich bin auch auch Dtl.

[Silke 1]

Thanks for answering all my questions!

[Eveline 9]

Hi, I am doing the same right now. F1->GC married based. If you like you can message me. Ich bin auch auch Dtl.

I was thinking about your case. Sounds like you are going through the same thing. Good luck both of you.

[Nancy2015 2]

I entered the US as an F1 student; after graduating from college, I obtained my Employment Authorization Card for the Optional Practical Training Year (OPT). I started my OPT June 1st, 2006 and will finish it June 1st of this year.

While I was still in college, I met my now fiancé. We are planning on getting married in April.

This brings up a few of questions:

1) Do I qualify for adjustment of status considering that I’m already in the country on a F1 visa?

2) If yes, what steps do we have to follow when applying for adjustment of status?

3) Do I still have to be enrolled in school AFTER we submit the application documents? Since my OPT comes to an end June 1st, 2007, would I have to reenroll in school and stay enrolled until my case gets approved?

Thanks for your help. Silke

1) Yes

2) Get your medical done by a civil surgeon, file forms I-130, I-485, I-864 and (optional) I-765 and I-131 with Chicago Lockbox, and wait

3) No. After you file these forms your status changes to "AOS pending", and you do not need to maintain your F-1 any more.

My AOS from F-1 took less than 4 months, so I wish you a speedy process as well!

[notscenenough 6]

you dont have to stay enrolled.

[SC & TF 1]

I am going through the exact same thing. I got my OPT last february, it expires this month. I graduated in Dec. 2005, and got married in october 2006. I met my husband in college, just like you. I applied for AOS/EAD in November 2006 and have my interview coming up soon. If you have any other questions, you can ask. my thoughts to you is to apply for AOS/EAD at least 3 months before your OPT expires if you want to continue working. Good luck.

Edited February 7, 2007 by SC & TF

[NLP 0]

Just to follow up on the enrollment stuff do realize that applying for AOS invalidates your F1 visa, as adjusting demonstrates intent to immigrate.

This matters to you most for re-entry into the US should you want to travel. Even if you stay enrolled, your F1 visa will no longer be a mechanism to enter the country. You'll need to apply for Advance Parole (I-131). Just a heads-up so you don't make that mistake.