AOS Green Card through marriage from F-1, Questions about I-20 documents, OPT, and others...

[Rangm021 11]

I would assume anyone has to show they were in status for al periods they were in the US. Why is it different for immediate relative categories?

There is a slight difference in procedures. For AOS applicants that fall within the Immediate relative category, they do not have to prove that they were in status for all periods in the U.S. All that is required for AOS within the U.S.A. is that you were legally admitted into the country.

For AOS applicants that DO NOT fall within the immediate relative category, the rules differ. If they have had unauthorized employment and/or have been out of status at any point during their stay in the U.S.A., they are disqualified for AOS.

This is why non-immediate relative category applicants need to prove they've been in status continuously.

In short: AOS applicants in Immediate Relative Category DO NOT need to be in status during their entire stay in the U.S.A, and therefore do not need to provide proof of lawful status for the duration of their stay. This is why showing I-20s for your whole stay as an F-1 student becomes irrelevant. You do not need to show that you've been in status the whole time. You only need to show that you entered with a valid F-1 Visa

[Singerbrook 2]

There is a slight difference in procedures. For AOS applicants that fall within the Immediate relative category, they do not have to prove that they were in status for all periods in the U.S. All that is required for AOS within the U.S.A. is that you were legally admitted into the country.

For AOS applicants that DO NOT fall within the immediate relative category, the rules differ. If they have had unauthorized employment and/or have been out of status at any point during their stay in the U.S.A., they are disqualified for AOS.

This is why non-immediate relative category applicants need to prove they've been in status continuously.

In short: AOS applicants in Immediate Relative Category DO NOT need to be in status during their entire stay in the U.S.A, and therefore do not need to provide proof of lawful status for the duration of their stay. This is why showing I-20s for your whole stay as an F-1 student becomes irrelevant. You do not need to show that you've been in status the whole time. You only need to show that you entered with a valid F-1 Visa

That is absolutely fascinating. Thank you for the thorough and helpful response. I am sure a lot of people will be grateful for your help. Do you have any literature where I can read more about what you talked about? Perhaps on the USCIS website?

[controlla 104]

That is absolutely fascinating. Thank you for the thorough and helpful response. I am sure a lot of people will be grateful for your help. Do you have any literature where I can read more about what you talked about? Perhaps on the USCIS website?

The literature is the I-485 instructions packet which does NOT specifically ask for I-20s as supporting evidence. The most important information is your 1-94 number which proves that you were inspected at a point of entry. A copy of your visa, I believe, is only needed if you came to US within the past year. I did not submit any copies of my I-20s and I do not expect any RFEs relating to I-20s.

[EM_Vandaveer 2,408]

I would assume anyone has to show they were in status for al periods they were in the US. Why is it different for immediate relative categories?

Immediate relatives of USCs only have to prove lawful entry. Even if they overstayed for decades, they are eligible for AOS.

Edited June 26, 2016 by EM_Vandaveer

[sensuelle1985 10]

There is a slight difference in procedures. For AOS applicants that fall within the Immediate relative category, they do not have to prove that they were in status for all periods in the U.S. All that is required for AOS within the U.S.A. is that you were legally admitted into the country.

For AOS applicants that DO NOT fall within the immediate relative category, the rules differ. If they have had unauthorized employment and/or have been out of status at any point during their stay in the U.S.A., they are disqualified for AOS.

This is why non-immediate relative category applicants need to prove they've been in status continuously.

In short: AOS applicants in Immediate Relative Category DO NOT need to be in status during their entire stay in the U.S.A, and therefore do not need to provide proof of lawful status for the duration of their stay. This is why showing I-20s for your whole stay as an F-1 student becomes irrelevant. You do not need to show that you've been in status the whole time. You only need to show that you entered with a valid F-1 Visa

Very you explanation you gave, thank you

[vannavanna 0]

Hi! So, I decided not to send my I 20s... I have been here for 6 years now and I have 5 I20s. I just transferred to grad school after OPT STEM and I sent my AOS application yesterday. I just read somewhere that you need to prove that you are in status in order to get Advance Parole. Do you know is that true?

[newacct 688]

Hi! So, I decided not to send my I 20s... I have been here for 6 years now and I have 5 I20s. I just transferred to grad school after OPT STEM and I sent my AOS application yesterday. I just read somewhere that you need to prove that you are in status in order to get Advance Parole. Do you know is that true?

No, it is not true.

[Ejoriah 4]

A bit late to the party, but I wanted to add that I am adjusting from F-1 (bachelor's degree, 1 year OPT, and currently in grad school) and did not submit any I-20 with my application, just a copy of my visa and my I-94 (last entry was in 2012 when they still used paper forms). I did not receive any RFE and my case is ready to be scheduled for an interview.

I also recently went to my local office to request an expedite on my AP and he told me that re-entering the country on AP is only ever an issue if you entered the country illegally in the first place, and then tried to adjust. If you came into the country legally and secured AP before leaving and re-entering, there shouldn't be a problem. So you don't necessarily have to be in status, but you need to have entered the US legally.

[slee0000 13]

Hello and thanks for reading,

I finished my master's degree last year and was granted permission to work for a year through the OPT program. I got married three weeks ago and I am now applying for AOS. I've been a student in the US for a long time, as I did my bachelor's here also. My questions are:

1. I know I have to submit copies of my OPT card and latest I-20 document. Do I need to submit ALL my previous I-20 documents? I must have 4 or 5 copies.

2. Do I have to make copies of my spouse and my driver's license if we already provide passport copies? How about social security cards?

3. We have some utility bills that show both our names, along with our common lease. Should we also add other bills that don't have each other's name on them but that show the same address and apt. number to solidify our case?

Thank you SO MUCH for reading...

Best,

Morgan

Hmm, I didn't send any of my I-20's. Just my OPT and previous EAD, and all went well.

Did my interview last Thursday and got approved the same day