AOS from F-1 by marriage to US Citizen

[shkabaan 60]

Hello Everyone,

 

I'm an international F-1 student in the United States since 2014. I have been maintaining status ever since I got here. Been outside the U.S multiple times and back for vacations and breaks etc. Did not have an intent to immigrate, not even apply for post graduation work when I got here, to be honest. However, not everything goes according to plan and I met my fiance in 2016 and we've been living together since the summer of 2017. It's her own house so there's no lease agreements or anything. We have a joint checking account together. We're getting married in 4 days. I intend to apply for AOS in last week of April or first week of May. I am graduating this year (walking in April but I have my capstone in the summer so technically my graduation date is August 07, 2018) and after this I will be sitting for a certification exam in my field of study (August 14-August 24). I do not want to be out-of-status or have to quit school because of terminated SEVIS record. Paying tuition is not a problem I will have paid the last tuition payment before I apply for AOS anyway and I don't mind paying higher tuition for one last class when I've been paying it for 4 years. However, my family is not able to come here for my marriage because my siblings are in school and working back home. They will be here in the summer and we will have a religious ceremony and reception in June. My fiance is not working full-time yet (we both graduate together this year) so her mum is willing to co-sponsor. I am really confused because I want to not lose status and want everything to go smoothly and not have gaps in filing and overstays etc. What would you guys think the timeline would look like if I were to start the process in April/May.

One more thing, I was born in a different country than my citizenship country. My parents never picked up the birth certificate from the ministry of health *face palm* and now that we did go to request, they said they can not pull records older than 15 years old but I do have other forms like my citizenship country's signed and stamped consulate document notifying birth, the birth country's notification of birth, hospital records, vaccination stamps, all certified translations by a USCIS approved translator. 

Any guidance, advice, help is extremely appreciated.

 

Thank you!

[Londonergirl 133]

Did you not need a birth certificate when you applied for F1?

[shkabaan 60]

No I did not. Actually now that I think about it, I've never been asked for a birth certificate ever, in any of the three countries. Since I was born outside my country of citizenship, the first government document I received was my passport and that has sufficed for proof of birth date/place every time.

[arken 4,197]

Your timeframe is good. Once you file for AOS, you will be in pending AOS legal status even after your F1 status ends. Your current F1 will not be affected but if you need to extend the status, AOS filing might affect that. 

 

Regarding birth certificate, tell them to provide a statement of non-availability of birth certificate. Then with that letter, provide around one or two affidavits of birth, say from your mom n dad or anyone who witnessed your birth along with other evidences you mentioned. You would be fine.

[shkabaan 60]

Thanks for the response @arken. I hope everything goes well. 

 

However, I have one more question: although I don’t have to worry about being a FT student and maintain 12 Cr per semester because of all this happening in the summer, I am a little confused about working on campus. I will be working FT (30-40 hours per week) on campus while enrolled in 3 credit hours in the summer semester. Can I continue working on campus while my AOS is pending or will my F-1 status be invalid and prevent me from working? 

 

Thanks. 

[arken 4,197]

If you work for than allowed on-campus hours or take less than minimum required credits, your F1 status will be invalid but you will still be in legal status due to pending AOS.

[shkabaan 60]

So I’m really stressing out about this birth certificate situation. I was born in Saudi Arabia to non-citizens and I’m not a Saudi citizen either. I know I need original birth certificates from the issuing authority but they will not issue a BC for me. Not only that, they are not willing to give us Non-Availability of Birth Certificate (NABC) either. The department is being unbelievably rude and uncooperative (saying things like we don’t have anything get out of the office etc. when my father tried to get it). Since I’m no longer a resident of Saudi, I can’t even physically go back there to do anything, not that there is any chance of getting it anyway. I’ve yet to see one person in such a situation who ended up getting their BC from Saudi Arabia based on forums. 

 

Now I do have a consular birth record from my citizenship country and notification of birth from Saudi Arabia with both parents’ names, date, time, and place of birth. I have a temporary birth certificate too with all the stamps and signatures plus my passport at birth (issued when I was 3 months old). Some other info like vaccination records and stuff are also available with appropriate stamps and seals. 

 

So so my question is, how likely is it that if I submit my packet, I will get RFE? 

 

And is there anything else I can include? 

 

Thanks,

shkabaan

[azblk 338]

1 hour ago, shkabaan said:

 

 

Now I do have a consular birth record from my citizenship country and notification of birth from Saudi Arabia with both parents’ names, date, time, and place of birth. I have a temporary birth certificate too with all the stamps and signatures plus my passport at birth (issued when I was 3 months old). Some other info like vaccination records and stuff are also available with appropriate stamps and seals.

What is a temporary birth certificate? If it is form issued by the hospital where you were born - it should satisfy the birth certificate matter.

[shkabaan 60]

@azblk Yes it is issued by the hospital and I was born in a government hospital so it has the seal of Ministry of Health and the letter head of the same, plus the doctors stamp and midwife signature. Although I do not have the "ORIGINAL" birth certificate, the supporting evidence has each and every information down to each vaccination, birth time including minutes, even my weight and head circumference at birth etc. in one of the documents. Still, I am a little scared for this because if I send everything I have and they still ask fro RFE, I will not have anything left to send them.

[azblk 338]

5 minutes ago, shkabaan said:

@azblk Yes it is issued by the hospital and I was born in a government hospital so it has the seal of Ministry of Health and the letter head of the same, plus the doctors stamp and midwife signature. Although I do not have the "ORIGINAL" birth certificate, the supporting evidence has each and every information down to each vaccination, birth time including minutes, even my weight and head circumference at birth etc. in one of the documents. Still, I am a little scared for this because if I send everything I have and they still ask fro RFE, I will not have anything left to send them.

Just send what you have and do not overthink it. You can not withhold evidence for later in the off chance you will get an RFE.

[shkabaan 60]

Hahah yeah I am not planning on withholding any of the documents, I will send them all. I'm just saying I will send it all but if (hopefully not) I get RFE, I think that will be a dead end except for affidavits etc.

 

Yeah I think I am overthinking it, I'll just send in all the information and hope for the best! Thanks for the response and I'll keep this post updated I see a lot of posts talking about this, Saudi officials are impossible to work with and they are extremely rude, unprofessional, and uncooperative. The legal system is a mess there and especially for non-nationals, they are very racist and will not even try to help.

 

 

[shkabaan 60]

Hey guys,

 

We planned to file early May but due to my i-693 exam appointment and stuff we had to delay it. Just sent the whole packet yesterday.. Fingers-crossed 

 

5/23/2018: Sent concurrent filing via FedEx to Chicago Lockbox

5/24/2018: Delivered and signed for by J. Chyba

[azblk 338]

24 minutes ago, shkabaan said:

Hey guys,

 

We planned to file early May but due to my i-693 exam appointment and stuff we had to delay it. Just sent the whole packet yesterday.. Fingers-crossed 

 

5/23/2018: Sent concurrent filing via FedEx to Chicago Lockbox

5/24/2018: Delivered and signed for by J. Chyba

good luck, all will be well