AOS Application Process from F1 Visa and Travel Related Questions

[adityaag 15]

I've got a few questions about the AOS application process that I'm hoping folks here can help me.

Here's the background first. My fiance is currently on a F1 student as a Master's student and I'm a US Citizen. We'd like to kick off the green card process as soon as we can so are considering getting legally married prior to our actual religious ceremony (we'd need to do these separately no matter what since we're getting married in Thailand and the process of that ceremony to be legally binding is pretty difficult).

Now come the questions:

1. After applying for AOS and filing the I-130 and I-465, can she still travel outside of the country and return on her F1 Visa (both her passport and F1 will still have her maiden name)?

2. Can she still work and have a summer internship while we're pending the AOS to go through? We're concerned that the F1 would pretty much become invalidated since she'd now have 'immigration' intentions.

3. What are typical processing times in NYC UCICS? Is there an office in NJ that we should process through instead?

Thanks in advance for any info.

[Pitaya 2,577]

~Moved from Fam.-based AOS to WStudentT-based AOS Forum~

~Adjusting from Student visa~

[htfaust 131]

I've got a few questions about the AOS application process that I'm hoping folks here can help me.

Here's the background first. My fiance is currently on a F1 student as a Master's student and I'm a US Citizen. We'd like to kick off the green card process as soon as we can so are considering getting legally married prior to our actual religious ceremony (we'd need to do these separately no matter what since we're getting married in Thailand and the process of that ceremony to be legally binding is pretty difficult).

Now come the questions:

1. After applying for AOS and filing the I-130 and I-465, can she still travel outside of the country and return on her F1 Visa (both her passport and F1 will still have her maiden name)?

2. Can she still work and have a summer internship while we're pending the AOS to go through? We're concerned that the F1 would pretty much become invalidated since she'd now have 'immigration' intentions.

3. What are typical processing times in NYC UCICS? Is there an office in NJ that we should process through instead?

Thanks in advance for any info.

1. No. If she departs the US without having an Advance Parole in hand, she'll be considered to have abandoned her I-485. Processing for AP takes about 90 days, usually. File Form I-131 together with I-130 and I-485. You may want to file I-765 too (that's Employment Authorization).

See the guide: http://www.visajourney.com/content/i130guide2

2. Yes, she can keep studying as long as she's maintaning her F-1 status and her EAD is current. It may still be beneficial for her to file I-765 for a new EAD based on her I-485 as it has no employment restrictions.

3. EAD and AP take about 90 days. For the AoS, plan for 1 year and be happy if she's approved in 6 months.

You're welcome

[adityaag 15]

Thanks for the quick reply!