Adjustment of Status from Student Visa

[Raging Italian 0]

Hello everyone,

 

first time posting here. I am extremely nervous also. A little bit of backstory:

Always wanted to go to the United States. It has pretty much always been my dream, and thanks to my boyfriend, it could actually become possible.

I met a wonderful person a few years back, that first hosted me for the duration of an ESTA while i was looking for school, and fell in love with, and became my boyfriend. Thanks to him, a year after that, i managed to register for college in the U.S. and it has been a fantastic experience. After a year of living together, we decided to get married (we actually are at the end of the month!), so i was wondering what are the steps necessary for successfully applying for Adjustment of Status.

I've been looking around in the site, but the most in depth Guide i could find was for the K-1 Visa, which is a very different kind of Visa.

I hope someone can give me some pointers, and I am also drowning in a sea of questions and anxiety lol

 

Thank you

[geowrian 22,338]

Congrats!

 

There is no visa required. Visas are for entering the US. You just need to file for AOS after you get married. Follow the guides: http://www.visajourney.com/content/i130guide2

[Raging Italian 0]

10 minutes ago, geowrian said:

Congrats!

 

There is no visa required. Visas are for entering the US. You just need to file for AOS after you get married. Follow the guides: http://www.visajourney.com/content/i130guide2

Thank you

One quick question: I have my birth certificate with me, but it's in Italian. Can i translate it myself and attach it to the original when i send it out?

 

Also: Since i have parents and relative still in Italy, once I file successfully for AOS, will I be able to fly back to Italy for a few weeks every now and then or will I be required to stay strictly in U.S. soil?

Edited January 20, 2017 by Raging Italian

[geowrian 22,338]

23 minutes ago, Raging Italian said:

Thank you

One quick question: I have my birth certificate with me, but it's in Italian. Can i translate it myself and attach it to the original when i send it out?

 

Also: Since i have parents and relative still in Italy, once I file successfully for AOS, will I be able to fly back to Italy for a few weeks every now and then or will I be required to stay strictly in U.S. soil?

Yes, you can translate it yourself as long as you are fluent in both languages. You will need to provide an attachment stating this. See another a past thread/response here:

 

Better yet - if you include AP and EAD filings with your AOS, once approved (~90 days), you can work in the US and travel outside the US. DO NOT travel outside the US without an approved AP in hand...it's an abandonment of your AOS application, and you won't be permitted back in without a new visa. Don't take extended stays with AP, though. Short trips are fine.

 

Once your AOS is approved, you will have a conditional green card. That lets you work in the US and travel outside the US. Again, don't leave the US for extended periods (i.e. DO spend the majority of your time within the US) to avoid abandonment of your LPR status. Short trips are perfectly fine. If you do need to leave for longer periods, file for a re-entry permit.

Edited January 20, 2017 by geowrian

[Hypnos 6,578]

You can translate it yourself, just include a note saying you're fluent in both languages (Google for the exact words needed). 

 

Once you've been granted Advance Parole you can depart the US temporarily for short trips abroad. 

Edited January 20, 2017 by Hypnos

[Megha13 49]

58 minutes ago, Raging Italian said:

Hello everyone,

 

first time posting here. I am extremely nervous also. A little bit of backstory:

Always wanted to go to the United States. It has pretty much always been my dream, and thanks to my boyfriend, it could actually become possible.

I met a wonderful person a few years back, that first hosted me for the duration of an ESTA while i was looking for school, and fell in love with, and became my boyfriend. Thanks to him, a year after that, i managed to register for college in the U.S. and it has been a fantastic experience. After a year of living together, we decided to get married (we actually are at the end of the month!), so i was wondering what are the steps necessary for successfully applying for Adjustment of Status.

I've been looking around in the site, but the most in depth Guide i could find was for the K-1 Visa, which is a very different kind of Visa.

I hope someone can give me some pointers, and I am also drowning in a sea of questions and anxiety lol

 

Thank you

Hi, you don't need any visa, because you are already in usa. Your husband has to file I-130 and you I-485 concurrently each withG325A biographical form. Additionally you have to file for I-864( affidavit of support, I-765 And I-131(optional). Just  read the guidelines

[Raging Italian 0]

5 minutes ago, Hypnos said:

You can translate it yourself, just include a note saying you're fluent in both languages (Google for the exact words needed). 

 

Once you've been granted Advance Parole you can depart the US temporarily for short trips abroad. 

Advanced Parole would be once i get approved and all? I suppose i will get a notification about it anyways right?

Thank you so much for your reply!

[geowrian 22,338]

3 minutes ago, Raging Italian said:

Advanced Parole would be once i get approved and all? I suppose i will get a notification about it anyways right?

Thank you so much for your reply!

AP takes about 90 days after you file for AOS. AOS takes roughly 9-12 months, but can be longer. Yes, AP will have its own case number you can track.

Edited January 20, 2017 by geowrian

[Hypnos 6,578]

You receive Advance Parole as an interim benefit during the time your I-485 is pending. This allows you to travel overseas before your green card is granted without abandoning the application. 

 

You submit I-131, Application for Travel Document [Advance Parole] concurrently with your I-130 and I-485.

 

You should also submit an I-765, Application for Employment Authorization, concurrently with the other three. This allows you to legally work in the US before your green card is granted. 

 

There is no charge when filing an I-765 or I-131 together with an I-485.

Edited January 20, 2017 by Hypnos

[Raging Italian 0]

52 minutes ago, Hypnos said:

You receive Advance Parole as an interim benefit during the time your I-485 is pending. This allows you to travel overseas before your green card is granted without abandoning the application. 

 

You submit I-131, Application for Travel Document [Advance Parole] concurrently with your I-130 and I-485.

 

You should also submit an I-765, Application for Employment Authorization, concurrently with the other three. This allows you to legally work in the US before your green card is granted. 

 

There is no charge when filing an I-765 or I-131 together with an I-485.

Once I file the AOS and the Application for Employment Authorization (which i planned to do along with the AOS immediately anyways!) will i still be subject to the rule of my F-1 visa? Or i can drop (momentarily, I really love college and wanna be a College professor) school to focus on full time working? once i receive the Authorization of course.

 

Thank you SO much by the way, the process is really scary from my point of view, so all the help is IMMENSELY appreciated guys...

Edited January 20, 2017 by Raging Italian

[Hypnos 6,578]

After USCIS has received your I-485 you can drop college if you wish. But if your I-485 wasn't approved for any reason then it's unlikely you'd be able to resume your F-1 status.

[Raging Italian 0]

44 minutes ago, Hypnos said:

After USCIS has received your I-485 you can drop college if you wish. But if your I-485 wasn't approved for any reason then it's unlikely you'd be able to resume your F-1 status.

Oh I see. Well I don't have any criminal records / diseases and any of that jazz, always made sure that everything is in perfect order since i'm pretty scared of this stuff so hopefully that doesn't happen! D:

Plus I don't plan of dropping college yet, was just inquiring if it was a possibility

[DrEllaNJ 288]

it's advised to remain in status, so to not do anything that's contrary to your F-1 status until  you get approved (eg, stay enrolled in college). So it may be better to continue studying during the semester and then you may be able to work during the summer (ask your international office).

Also, DON'T leave and try to reenter on your F-1 visa between now and receiving your AP card.

 

When filling out forms, remember to include photocopies of your current(/&previous) visa(s) and I-20(s).

 

Congrats, and good luck!