Need help with filling i-485 for F1 visa holder

[ColoradoBeauty 79]

Hi everyone,
 

I'll be grateful if anyone could help me out with the following things I'm unsure about.

 

1. I arrived to the U.S with an F-1 visa in 2011 and I went back home roughly twice a year typically for about 3 weeks. In page 6, part 3 question 10.b. regarding date of residence at my most recent address outside the United States, will it be the date I depart my country in 2011? 

2. I am currently working and I had one internship, but other than that I was a student for the last five years. Do I have to provide this information on my Employment History section (Part 4)?

3. My US citizen fiance is in the same boat, where he is a student and have period of unemployment, do I have to specify this on his employment history section?

 

Thank you very much for taking the time to read and answer my questions

[DrEllaNJ 288]

1) yes, that was when you lived there. The other times, you just visited.

2) I'd give the internship information but do specify 'intern' under 'occupation'

3) it says 'if none, so state'. If he was a student worker, mention the student worker job. Otherwise, leave blank.

 

Just curious, you mention USC fiance, but you are filing I-485. I assume you know you can't file AOS unless you're married and your spouse files the i-130/i-130a form simultaneously. He will also have to file i-864, affadavit of support, so if he's still a student you may need a co-sponsor.

[ColoradoBeauty 79]

Just now, DrEllaNJ said:

1) yes, that was when you lived there. The other times, you just visited.

2) I'd give the internship information but do specify 'intern' under 'occupation'

3) it says 'if none, so state'. If he was a student worker, mention the student worker job. Otherwise, leave blank.

 

Just curious, you mention USC fiance, but you are filing I-485. I assume you know you can't file AOS unless you're married and your spouse files the i-130/i-130a form simultaneously. He will also have to file i-864, affadavit of support, so if he's still a student you may need a co-sponsor.

Thank you for answering my questions!

 

He was not a student worker, just a full-time student with no income. Would you say I need to put 'student' or 'NONE' under 'occupation'? Similarly, other than the internship and seasonal bookstore works, I was a full-time student, should I put 'full-time student' under my 'occupation'? I am sending my I-20 with my i-485 too, so hopefully they can draw the connection.

 

Yes, you are correct, I am just preparing the forms and plan to file it after we get married at the end of this month. Yeah, luckily his dad agreed to co-sponsor. 

 

[DrEllaNJ 288]

for your future husband, if he is still a student, I'd just say none as he wasn't "employed" as a student. If he's currently employed, I'd just put the current job and leave the student off.

For yourself, any place that employed you (seasonal bookstore work) is a place of employment, as well as the internship - but leave off the student stuff. There are other places on the form (on what visa did you enter? F1-student) where you enter that info.

 

I was a grad student and taught as TA on F1, so my grad school was also my place of employment. However, I left off the first year I was on fellowship.

Just fyi, the IO asked me during the interview why I had so many entries to the US, and I had to explain to her that I was a student and always went back home for summer and winter breaks... She verified every.single.entry stamp in all of my old passports plus the current one.  it wasn't a problem, but I didn't expect that!

[ColoradoBeauty 79]

36 minutes ago, DrEllaNJ said:

for your future husband, if he is still a student, I'd just say none as he wasn't "employed" as a student. If he's currently employed, I'd just put the current job and leave the student off.

For yourself, any place that employed you (seasonal bookstore work) is a place of employment, as well as the internship - but leave off the student stuff. There are other places on the form (on what visa did you enter? F1-student) where you enter that info.

 

I was a grad student and taught as TA on F1, so my grad school was also my place of employment. However, I left off the first year I was on fellowship.

Just fyi, the IO asked me during the interview why I had so many entries to the US, and I had to explain to her that I was a student and always went back home for summer and winter breaks... She verified every.single.entry stamp in all of my old passports plus the current one.  it wasn't a problem, but I didn't expect that!

Thank you very much for the very detailed answer. Yes,  my Future Husband is currently employed  (Part-time), as per your suggestion, I'll leave the student off.

I really appreciate the heads up, personally won't expect that either, but yeah I do have a long i-94 travel history. So, I'll just have make sure every.single.entry stamp has been copied and attached to my i-485 folder.

Did you hole punch your documents? Would you mind sharing how you organize your application package?

 

[f f 725]

do keep In mind that until you file the i485 and get ap you should not travel outside the us since you now have immigrant intent which Is not allowed for entry on an f1 visa.

[ColoradoBeauty 79]

1 minute ago, f f said:

do keep In mind that until you file the i485 and get ap you should not travel outside the us since you now have immigrant intent which Is not allowed for entry on an f1 visa.

Thank you for the reminder. Yes, I am fully aware of that, as my F-1 visa has expired last year and I'm here based on my EAD/OPT expiration date.