F1 to AOS question

[alice5 0]

Hello,

This forum has already been so helpful. I don't expect my situation is the most uncommon, but I've been unable to find an answer to it here already and hope someone might help.

I'm filling out my AOS paperwork, hoping to file by the end of next week.

I moved to the US on an F-1 visa to study in June 2013, graduated May 2015 and since last summer was working at the university on F-1 OPT. My OPT expired in July. (My visa expiration date is June 2018, though I don't believe this is relevant; the I-20 dates are what determine status.) Earlier this month my USC partner and I got married. I understand that I am out of status 60 days after my OPT expires -- the date of which I think just passed -- but I also understand that this will be forgiven when I apply for AOS.

My questions:

I-765 asks for my Status at Last Entry, which I know is F-1 Student.

It then asks for my Current Immigration Status. What should I put?

Similarly, I-485 asks for my Current USCIS Status-- what should I enter? On my Date of Last Arrival (6/19/16, after a visit home in June) I was admitted as F-1 with expiration D/S.

I was thinking I should enter this information, even though I am now just out of status. Does it make a difference to declare this out-right? Of course, they will know the date my F-1 OPT expired.

Oh, and also relatedly: going through the check-list of my AOS application, I've been a little surprised that it's not necessary for me to supply copies of my I-20/EAD card. Am I missing something, do you think it's worth including this, or is it simply not needed?

Advanced thanks for any help!

[caliliving 606]

you are rignt to declare the last time you entered, your vist back into america and that the status was F1

overstay is FORGIVEN! i filled the paperwork and entered 3 years earlier. it is ok it wasnt even brought up in the interview. it asks you for your last dates of entry and that is what you write. you entered on an F1 and the date was 6/19/16 - your last arrival to america to make sure you were indeed inspected.

i dont think you need your i20 but when you go into the interview they may just take a picture of it!

all immigration cares about is that the last time you entered into the USA it was LEGAL and you were inspected!!!

at the interview all they care about is that you are in a real bonefide marriage!

i hope this clears things up and eases your stress. lots of people here 'overstay is forgiven' but it gets stressful to think 'is this really ok?" i know stories of people that overstayed 10yrs and were successful in AOS! the important thing is that you do not leave the country bc once you leave, you will trigger the overstay ban! as long as you are here, you can not trigger any overstay ban and your overstay is forgiven:)

[alice5 0]

caliliving, thanks for writing. I'm glad to hear you had no problems with AOS.

My question is specifically about what I should declare my current status as in forms I-485 and I-765. Any advice on this?

[Cheezees 1,514]

Hello,

This forum has already been so helpful. I don't expect my situation is the most uncommon, but I've been unable to find an answer to it here already and hope someone might help.

I'm filling out my AOS paperwork, hoping to file by the end of next week.

I moved to the US on an F-1 visa to study in June 2013, graduated May 2015 and since last summer was working at the university on F-1 OPT. My OPT expired in July. (My visa expiration date is June 2018, though I don't believe this is relevant; the I-20 dates are what determine status.) Earlier this month my USC partner and I got married. I understand that I am out of status 60 days after my OPT expires -- the date of which I think just passed -- but I also understand that this will be forgiven when I apply for AOS.

My questions:

I-765 asks for my Status at Last Entry, which I know is F-1 Student.

It then asks for my Current Immigration Status. What should I put? You are a non-resident alien with an expired F-1 visa

Similarly, I-485 asks for my Current USCIS Status-- what should I enter? On my Date of Last Arrival (6/19/16, after a visit home in June) I was admitted as F-1 with expiration D/S.

I was thinking I should enter this information, even though I am now just out of status. Does it make a difference to declare this out-right? Of course, they will know the date my F-1 OPT expired.

Oh, and also relatedly: going through the check-list of my AOS application, I've been a little surprised that it's not necessary for me to supply copies of my I-20/EAD card. Am I missing something, do you think it's worth including this, or is it simply not needed?

Advanced thanks for any help!

[caliliving 606]

You entered on an F1 and you put in the last date you entered.

[alice5 0]

Cheers, Cheezees