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DeepakChani

I am a USC wanting to marry a girl on F1 Visa and have a question regarding status

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

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DeepakChani Community Regular

DeepakChani   738

Posted
Filed: K-1 Visa Timeline
Posted

Hello. I am a USC and met a girl who is here studying on her student visa (F1). She will be graduating in August 2017 and know that F1 status is valid 60 days after she finishes school. I will be marrying her later this year and doing AoS but don't want to run into the issue of her F1 being out of status as we await for AoS. When will she be considered valid to remain in the US awaiting AoS , in the case her F1 does expire? Is it when the form I 1485 is submitted? Any advice would be greatly appreciated. Thank you in advance.

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Ben&Zian Experienced

Ben&Zian   4,398

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Once applied for AOS, when you receive the first notice she will be able to stay legally during the AOS process even if the F-1 visa has expired.

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
53 minutes ago, deepakchani said:

Thank You. Also  I have read that if you are a USC (which I am), over stay spouses can still do AOS without any issues. Is this true? 

Yes. However, from the period from the start of overstay until you file AOS she will be out of status and still unable to work. Being out of status is not legal and she could incur a ban if she were to leave the US for any reason, and she is subject to removal. Keep in mind the risks you're talking about when considering what your options.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Cheezees Mentor

Cheezees   1,514

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

Why not have a courthouse wedding now, file for AOS, and later have the wedding of your dreams. Then the issue of being out of status goes away. :)

 

 

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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DeepakChani Community Regular

DeepakChani   738

Posted
Filed: K-1 Visa Timeline
  • Author
Posted
17 minutes ago, Cheezees said:

Why not have a courthouse wedding now, file for AOS, and later have the wedding of your dreams. Then the issue of being out of status goes away. :)

Smart idea! Question on that: Will having a courthouse wedding first without any ceremonial wedding cause any suspicion to USCIS of a sham marriage? I feel like having wedding photos sent with the 485 application would strengthen my claims of a bona-fide marriage. 

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KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Plenty of court marriages are bona-fide. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted
2 hours ago, deepakchani said:

Smart idea! Question on that: Will having a courthouse wedding first without any ceremonial wedding cause any suspicion to USCIS of a sham marriage? I feel like having wedding photos sent with the 485 application would strengthen my claims of a bona-fide marriage. 

A wedding in itself is not absolute proof of a bona fide marriage since green card scammers will have wedding pictures.

 

The requirement to file is a marriage to a USC.  That's accomplished with the court house wedding.  

 

Your wedding pictures may be supportive because you can show guests that attended your wedding; i.e. parents, family, friends, etc.

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted
7 hours ago, deepakchani said:

Smart idea! Question on that: Will having a courthouse wedding first without any ceremonial wedding cause any suspicion to USCIS of a sham marriage? I feel like having wedding photos sent with the 485 application would strengthen my claims of a bona-fide marriage. 

Today I became a US citizen.  I was an F1 student and my husband and I were married in the Bronx courthouse, which is all we wanted.  We have never, either through the AOS nor through the ROC nor through my citizenship application, submitted photos to USCIS.  We are no less married than anyone else. If you have wedding photos then including them is fine.  However, they do not hold the sway that you think they do.  Good luck!

 

 

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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bunkx Explorer

bunkx   25

Posted
Filed: Citizen (apr) Country: Belgium
 Timeline
Posted

I'm currently on F1 status graduating in May and we also did a courthouse wedding just so we can get the ball rolling and hopefully get my EAD before I graduate. Being able to take employment right after graduation is a huge help. We may or may not have a big wedding eventually, but not for USCIS to see, only if we feel like it. The thing is, if you're honest and you do have a bona-fide marriage, they will most likely not get hung up on small details. At least that's what we hear, and hope to be true...

N-400 Application for Naturalization

Day    00 - 08/31/20 - Submitted online N-400 application. ROC still pending. Requested combo interview.

Day    01 - 09/01/20 - NOA received online. Status says biometrics appt letter will be sent. (PD 08/31/20)

Day  141 - 01/20/21 - Biometrics reuse letter

Day  233 - 04/22/21 - ROC approved, no news on N-400

Day  288 - 06/18/21 - Interview scheduled

Day  332 - 07/30/21 - Successful interview. No decision yet.

Day 758  - 09/28/22 - Oath ceremony will be scheduled

Day 870 - 01/18/23 - Oath ceremony complete

 

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Megha13 Enthusiast

Megha13   49

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted
On 1/27/2017 at 3:11 AM, bunkx said:

I'm currently on F1 status graduating in May and we also did a courthouse wedding just so we can get the ball rolling and hopefully get my EAD before I graduate. Being able to take employment right after graduation is a huge help. We may or may not have a big wedding eventually, but not for USCIS to see, only if we feel like it. The thing is, if you're honest and you do have a bona-fide marriage, they will most likely not get hung up on small details. At least that's what we hear, and hope to be true...

As long as it is real, it doesn't matter, i heard the officers can recognize by your body language that you are real or not in the interview ! Because they are very experienced!

Adjustment from F1 status

01/18/2017  Mailed package I-130, I 485 AND I-765

Day 1 : 01/20/2017-USCIS received package

Day 6 : 01/26/2017-received NOA1 through text

Day 13 : 02/1/2017-received N0A1 hard copy

Day 15 : 02/4/2017-received Biometric Appointment

Day 28: 02/17/2017-did Biometric Appointment

Day 35: 02/24/2017-i485 case status changes to ready to be scheduled for an interview

Day 47: 03/08/2017- status changes to Interview scheduled on 13th april

Day 49 03/10/2017- received interview letter for 13th April

Day 83 04/13/2017- approved...case shows new card is being produced

Day 88 04/17/2017 received  hard copy of approval notices for I-485 and I-130 

Day 88 04/17/2017 Online status showed New card was mailed

Day 91 04/20/2017 Received Green card in mail !!! Total 3 months

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