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vannavanna

just got my new I20 today (transferred schools), can I apply for a green card immediately?

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

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vannavanna Rookie

vannavanna   0

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Filed: Timeline
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Hi! So, I was on OPT STEM extension and I just terminated it by transferring my I-20 to a grad school I was accepted at. I got married to my boyfriend (US citizen ) in Feb. and I know I can't leave country and return on F1. So I am applying for AOS because I need to go home as soon as possible. My mom is undergoing a surgery next week.

I need to apply for advance parole document as soon as possible. However, something just occurred to me. How ok is it to sign a new I 20 a day before you send an application for AOS? It doesn't seem right, but a lawyer I asked about this said that it's ok. The lawyer said that as long as I don't re-enter the country it's ok... That doesn't make sense to me, because on I-20 you are signing that " I certify that I seek to enter or remain in the US temporarily, and solely for the purpose of pursuing a full program of study at the school named above. "

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

Your AOS, when approved, will supercede your I-20 and any of its terms. :)

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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vannavanna Rookie

vannavanna   0

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Filed: Timeline
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Your AOS, when approved, will supercede your I-20 and any of its terms. :)

Yes... but I am signing that I will be staying temporarily for the purposes of studying and the next day sending AOS application for a green card... Seems kind of fishy. I have heard that you can be charged for fraud if you get married within 60 days of entering the country on F-1 visa. Because, when you enter the country on F1 you are saying that you have a non-immigrant intent. I know you are allowed to change your mind... but according to the law, if you "change your mind" within 60 days of entering the country , that is a fraud.

I was just wondering if signing the I20 ( transferring schools ) and then applying for green card, could be considered a fraud too?

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aichteeque Contributor

aichteeque   7

Posted
Filed: Lift. Cond. (pnd) Country: Pakistan
 Timeline
Posted

Yes... but I am signing that I will be staying temporarily for the purposes of studying and the next day sending AOS application for a green card... Seems kind of fishy. I have heard that you can be charged for fraud if you get married within 60 days of entering the country on F-1 visa. Because, when you enter the country on F1 you are saying that you have a non-immigrant intent. I know you are allowed to change your mind... but according to the law, if you "change your mind" within 60 days of entering the country , that is a fraud.

I was just wondering if signing the I20 ( transferring schools ) and then applying for green card, could be considered a fraud too?

Did you enter the country 60 days ago? :sleepy:

AOS from F-1

ROC

2 yr GreenCard expires: 03/24/2019

 

12/27/18 i-751 ROC mailed

12/31/18 USCIS received package (# starts with LIN)

01/30/19 18 month extensions received. Did not get any email/text even though I signed up for it

06/25/19 Biometrics completed in St.Paul MN

10/21/19 RFE received. Insufficient evidence.

10/24/19 RFE response delivered (per USPS).

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aichteeque Contributor

aichteeque   7

Posted
Filed: Lift. Cond. (pnd) Country: Pakistan
 Timeline
Posted

No, I entered the country on October 2 2015 ( after a visit home).

I have been on F1 since August 2010.

Then how can you be charged with "changing your mind within 60 days?"

Just gather all the documents and evidence and apply for AOS and AP.

and you can't get AP by next week in any case.

Your AOS will supercede your I-20 and F-1 visa. Your status will be AOS Pending and you will be in the country legally. You i-20s no longer matter as soon as you apply for your AOS, unless the i20s were issued fraudulently in the first place.

AOS from F-1

ROC

2 yr GreenCard expires: 03/24/2019

 

12/27/18 i-751 ROC mailed

12/31/18 USCIS received package (# starts with LIN)

01/30/19 18 month extensions received. Did not get any email/text even though I signed up for it

06/25/19 Biometrics completed in St.Paul MN

10/21/19 RFE received. Insufficient evidence.

10/24/19 RFE response delivered (per USPS).

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vannavanna Rookie

vannavanna   0

Posted
Filed: Timeline
  • Author
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Then how can you be charged with "changing your mind within 60 days?"

Just gather all the documents and evidence and apply for AOS and AP.

and you can't get AP by next week in any case.

Your AOS will supercede your I-20 and F-1 visa. Your status will be AOS Pending and you will be in the country legally. You i-20s no longer matter as soon as you apply for your AOS, unless the i20s were issued fraudulently in the first place.

No, I have all the documents and I have always been very careful not to do anything wrong, so all my paperwork is in order...

I was just wondering if , signing I 20 again, confirming my non immigrant status is weird, when I am sending the application for an immigrant visa the next day...

I don't know. Feels like entering the country and signing something saying that you are a non immigrant should be the same...

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aichteeque Contributor

aichteeque   7

Posted
Filed: Lift. Cond. (pnd) Country: Pakistan
 Timeline
Posted

No, I have all the documents and I have always been very careful not to do anything wrong, so all my paperwork is in order...

I was just wondering if , signing I 20 again, confirming my non immigrant status is weird, when I am sending the application for an immigrant visa the next day...

I don't know. Feels like entering the country and signing something saying that you are a non immigrant should be the same...

Singing the i-20 does not show intent, it merely reflects your current status, which is F-1 Student.

I came here on F-1 student visa and went through college, graduated, got a job, worked on OPT & OPT STEM and then got married. I applied for AOS ten days after I got my OPT STEM EAD card.

AOS from F-1

ROC

2 yr GreenCard expires: 03/24/2019

 

12/27/18 i-751 ROC mailed

12/31/18 USCIS received package (# starts with LIN)

01/30/19 18 month extensions received. Did not get any email/text even though I signed up for it

06/25/19 Biometrics completed in St.Paul MN

10/21/19 RFE received. Insufficient evidence.

10/24/19 RFE response delivered (per USPS).

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vannavanna Rookie

vannavanna   0

Posted
Filed: Timeline
  • Author
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Singing the i-20 does not show intent, it merely reflects your current status, which is F-1 Student.

I came here on F-1 student visa and went through college, graduated, got a job, worked on OPT & OPT STEM and then got married. I applied for AOS ten days after I got my OPT STEM EAD card.

Woah. That's so similar to me.

I went to college, graduated, got a job and worked on OPT&OPT STEM. Got married while on OPT STEM, got into grad school recently and needed to transfer I20 before I applied for AOS ( the school advised me to do that, just in case anything went wrong with AOS, I could maybe get my F1 reinstated). But I need to apply for AOS sooner than I thought I would need to...so here I am.

Did you read somewhere that I20 just reflects your status and not intent? I was sure this would be all right, until I read what was written above my signature on I20. I just wish if there was somewhere where I could see this in black and white and no grey area.

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