Anyone with J-1/ F-1 who filed for AOS (marriage-based) in 2016 & 2017?

[strider4 43]

Hey everyone,

 

I have been mostly lurking in the family-based immigration sub-forum. Since the applicants are mostly K-1s, I thought I should ask around for any J-1s/F-1s like me adjusting status via marriage based immigration.  You can refer to my timeline in the signature .

 

Good luck!

Edited June 30, 2017 by strider4

[Scandi 4,166]

There are two different subforums for AOS, one for those who adjust from "family based visas" (this is where you see most K-1ers) and the other is for those adjusting from "tourist, student or work visas". So even if both categories are adjusting because of marriage/family, only one is adjusting from family based visa (your visa isn't a family based one for example). 

 

I know people tend to mix those two categories up and end up in the "wrong" thread so I just figured I'd post this here, although it's certainly not the end of the world. 

[strider4 43]

12 minutes ago, Scandi said:

There are two different subforums for AOS, one for those who adjust from "family based visas" (this is where you see most K-1ers) and the other is for those adjusting from "tourist, student or work visas". So even if both categories are adjusting because of marriage/family, only one is adjusting from family based visa (your visa isn't a family based one for example). 

 

I know people tend to mix those two categories up and end up in the "wrong" thread so I just figured I'd post this here, although it's certainly not the end of the world. 

Lol I knew that subforum is not for my category, but I didn't see an active April 2017 filers thread in this subforum. Therefore, I just decided to lurk in the other subforum.   Plus they are quite active with posting the updates. 

[lmenko 12]

We are adjusting from F1, filed in November, but agree about lack of organization and active posting of people adjusting from non-family based visa, so have also been mainly following the AOS family based forums

[strider4 43]

1 hour ago, lmenko said:

We are adjusting from F1, filed in November, but agree about lack of organization and active posting of people adjusting from non-family based visa, so have also been mainly following the AOS family based forums

Yes, I think many folks aren't adjusting from student visas, so I was wondering what if we have longer processing times, since family based adjustments are from K-1s for which they have already been interviewed, had background checks done i.e. undergone the whole process. Has your interview been scheduled?

[-Trinity- 513]

I'm adjusting from F-! status and my kids from F-2. We filed March 8th 2017 and our interview will be July 27th.

[strider4 43]

25 minutes ago, Dutchie2016 said:

I'm adjusting from F-! status and my kids from F-2. We filed March 8th 2017 and our interview will be July 27th.

Awesome! Good luck for the interview! Please keep us posted. 

[-Trinity- 513]

7 minutes ago, strider4 said:

Awesome! Good luck for the interview! Please keep us posted. 

Thanks!, I will post my experience after the interview :-)

[Snorkel378 38]

My wife will be adjusting from a J-1 in fact gonna mail off our paperwork before the weekend

[strider4 43]

16 hours ago, Snorkel378 said:

My wife will be adjusting from a J-1 in fact gonna mail off our paperwork before the weekend

Woohoo! More power to us!  Good luck to you guys.  Did she go through the 2-year waiver process before this?

[Snorkel378 38]

Luckily she is not subject to the 2 year, it says on her visa.

[strider4 43]

1 hour ago, Snorkel378 said:

Luckily she is not subject to the 2 year, it says on her visa.

That's great! I had to go through all that and wouldn't wish it upon anyone.

[Jahcharlotte 0]

My J-1 finishes this month. I got married back in April but didn't apply yet as I was told my J1 would be void and I would have lost my job (have taught here for the last 5 years). I am trying to put the paperwork together now, seeing as the school year has now finished but every time I look at the instructions, there is another form to fill out with more money to spend. I want to have it in the mail tomorrow if possible.

[strider4 43]

14 minutes ago, Jahcharlotte said:

My J-1 finishes this month. I got married back in April but didn't apply yet as I was told my J1 would be void and I would have lost my job (have taught here for the last 5 years). I am trying to put the paperwork together now, seeing as the school year has now finished but every time I look at the instructions, there is another form to fill out with more money to spend. I want to have it in the mail tomorrow if possible.

It's indeed complicated while doing AOS on a J-1. We hired a lawyer to submit our application; although the process is quite straightforward.  See how simple it is, we filed the AOS application for my mother-in-law on our own, shortly after we filed my application . Plus I had also filed on my own for the 2-year rule waiver, so now we think we should have just done it ourselves and saved money .

We were unsure if I'd be violating my student status if I apply for it soon, but our lawyer pointed us to the policies governing cases such as ours to clear our confusion. Although she did make us apply for my EAD and AP, I cannot use it in order to keep my J-1 intact.  She merely wanted us to do it so that we are able to monitor progress (although it's not that approval of I-485 can be predicted by when one gets EAD/AP approval) . 

Also, after applying I can't extend my DS-2019 either (even I do end up facing delay of a semester or two, in my graduate program); it stays "frozen" over the date specified on the DS-2019, prior to applying for AOS.

As for the instructions/required documents, VJ is an extremely helpful resource to get you started for what you're required to submit in the AOS packet. The required documentation is the same for all marriage-based cases; except that we J-1s have to add either the State Department Advisory opinion (if the 2-year rule doesn't apply to you) or the 212(e) waiver (if it's applicable). Good luck!  

[strider4 43]

To be precise, this is what I'm referring to: http://www.visajourney.com/content/k1k3aos

You might have already gone through this page, but just in case someone in our situation (F-1/J-1) stumbles upon this thread before going through any other info, this would be a great starting point.