AOS from F-1 on OPT to GC

[moosers 0]

Hi! 

 

I'm a Canadian citizen (immigrated as an infant from South Africa with my parents) who is marrying my American fiancé in January. I've read about the AOS process and feel fairly confident approaching it without the help of a lawyer (thanks to the info on this site and reading your stories!). I do have a few questions:

 

1. I've just finished my masters (this fall semester) and have applied for OPT in November 2019 -- my current I-20 states "OPT pending". My school's international office said that I was safe to travel home for the holidays, though I don't have my EAD yet (any correspondence was sent to my US address, which I haven't received as I've been home for the holidays). My fiancé and I have been here for three weeks and intend on returning on Friday. I do not have a job offer yet and my OPT isn't slated to start until Feb. 15, 2020. I didn't anticipate having trouble crossing back into the US, but after finding and reading this blog, I'm worried. Should I expect difficulty re-entering?

 

2. My fiancé and I both have good job prospects (he's in medical school, I just finished my master's), but because he's a full time student we don't meet the minimum income requirements on the form I-864. His parents are happy to co-sponsor me, and I want to ensure our application process goes as smoothly as possible. Will we need to provide copies of tax returns with our initial filing?

 

3. We will be concurrently filing the I-130, I-130A, I-864, I-485, I-765, I-131, and G-1145. With these forms, I know we need to include paperwork pertaining to our marriage (his/mine birth certificates, marriage license/certificate, identical sets of photos of him and myself (x2 for me, I believe -- one set with the I-130 and one set with the I-485), and proof of a "bonafide marriage" (which for us will include our joint leases and joint banking statements). Is there any other paperwork that would need to be submitted on our behalf? (Eg. tax returns for income, or additional proof of a relationship (we've taken trips together, adopted a dog together, etc.).

 

4. What forms do we fill out for his parents to co-sponsor me, and what additional documentation is needed for those? (eg. parent's birth certificates, tax returns, etc.)

 

Thank you!! This is such a daunting process -- it's nice to know we're not alone.

[geowrian 22,338]

32 minutes ago, moosers said:

1. I've just finished my masters (this fall semester) and have applied for OPT in November 2019 -- my current I-20 states "OPT pending". My school's international office said that I was safe to travel home for the holidays, though I don't have my EAD yet (any correspondence was sent to my US address, which I haven't received as I've been home for the holidays). My fiancé and I have been here for three weeks and intend on returning on Friday. I do not have a job offer yet and my OPT isn't slated to start until Feb. 15, 2020. I didn't anticipate having trouble crossing back into the US, but after finding and reading this blog, I'm worried. Should I expect difficulty re-entering?

You cannot renter/re-enter with intent to stay / file for AOS. At every entry, you must intend to return home. So any discussion of doing AOS (I-485 packet) does not apply.

The USC can file the I-130 any time after marriage (once they have all documents). An immigrant visa can be obtained abroad after petition approval and NVC processing.

[Lucky2Lucky 2,526]

To clarify, you are currently out of the country and you want to go to the US to marry and then adjust your status? If so- you can’t do that. You can’t travel to the US with the intent to get marry & adjust status. Of course you can get married- it’s the AOS that is concerning.

 

By you leaving the country you hurt your chance of adjusting your status. Your school is not aware of your pending marriage/adjusting status and would not counsel you on that.

[moosers 0]

3 minutes ago, Luckycuds said:

To clarify, you are currently out of the country and you want to go to the US to marry and then adjust your status? If so- you can’t do that. You can’t travel to the US with the intent to get marry & adjust status. Of course you can get married- it’s the AOS that is concerning.

 

By you leaving the country you hurt your chance of adjusting your status. Your school is not aware of your pending marriage/adjusting status and would not counsel you on that.

 

Oops! Maybe I should clarify -- I have been living and going to school in the united states for the past three years, legally with my F-1 status. I met my now fiancé when we were both in school, and we have been living together for 18 months now. We've been engaged for 3 months. We came home to visit family because I know that once we marry and apply for the AOS, I won't be able to leave the country until my AP is approved, which could be a number of months.

 

As per my F-1/OPT, I'm looking for a job in my field and intend on working under my OPT for at least a year (I'm eligible for the STEM extension, once my year is up, as well). I'm not crossing TO get married, I'm crossing to continue searching for a job and continue to settle in our new home (we relocated for his schooling).

[geowrian 22,338]

So...you are currently outside the US and intend to re-enter, marry, then file for AOS?

[moosers 0]

I intend to re-enter with my standing F-1, yes. I didn't think this was illegal, given that I have legal status in the country?

[geowrian 22,338]

Just now, moosers said:

I intend to re-enter with my standing F-1, yes. I didn't think this was illegal, given that I have legal status in the country?

You have no status once you leave the country. You are applying for entry with F-1/OPT status when you get to POE.

INA 212(a)(7)(A)(i)(I) prohibits entry of an intending immigrant without an immigrant visa (or visa that permits immigrant intent, like a K-1 (fiance/fiancee) visa).

[MongolianPanda 7]

10 minutes ago, moosers said:

 

Oops! Maybe I should clarify -- I have been living and going to school in the united states for the past three years, legally with my F-1 status. I met my now fiancé when we were both in school, and we have been living together for 18 months now. We've been engaged for 3 months. We came home to visit family because I know that once we marry and apply for the AOS, I won't be able to leave the country until my AP is approved, which could be a number of months.

 

As per my F-1/OPT, I'm looking for a job in my field and intend on working under my OPT for at least a year (I'm eligible for the STEM extension, once my year is up, as well). I'm not crossing TO get married, I'm crossing to continue searching for a job and continue to settle in our new home (we relocated for his schooling).

If you entered with F1 Visa what is the expiration date on that visa? My wife initially entered with F1 but visa was only valid for 1 year... she wasn't able to go back to visit her family until she finished school knowing she'll need another visa to come back. Since you're already out of the US, what visa will you be using to re-enter back into the states? 

[moosers 0]

1 minute ago, geowrian said:

You have no status once you leave the country. You are applying for entry with F-1/OPT status when you get to POE.

INA 212(a)(7)(A)(i)(I) prohibits entry of an intending immigrant without an immigrant visa (or visa that permits immigrant intent, like a K-1 (fiance/fiancee) visa).

Okay, so help me understand -- if I didn't visit family for Christmas, my marriage would be legal and I could apply for AOS. But because I left the country for Christmas, and I've visited home many times before, my marriage and AOS would no longer be legal? I want to make sure that this is all done correctly, as I'm not looking to break any rules or do anything illegal. 

Just now, MongolianPanda said:

If you entered with F1 Visa what is the expiration date on that visa? My wife initially entered with F1 but visa was only valid for 1 year... she wasn't able to go back to visit her family until she finished school knowing she'll need another visa to come back. Since you're already out of the US, what visa will you be using to re-enter back into the states? 

The expiration date is D/S, duration of status.

[geowrian 22,338]

7 minutes ago, moosers said:

Okay, so help me understand -- if I didn't visit family for Christmas, my marriage would be legal and I could apply for AOS. But because I left the country for Christmas, and I've visited home many times before, my marriage and AOS would no longer be legal? I want to make sure that this is all done correctly, as I'm not looking to break any rules or do anything illegal.

If you didn't leave, you could marry & file for AOS fine.

If you marry (anywhere), your marriage would be legal. You can continue to enter under F1/OPT status so long as you comply with the terms of the visa.

The issue is anytime you enter the US on a non-immigrant visa, you must intend to return home.

[PP31 53]

so are you guys saying that even if she returns to the US on her F-1 visa, since her intent would not be to return home because she's engaged and knows that she will be marrying her fiance and will apply for AOS in the future, it will cause her issues with her AOS application?

Edited January 8, 2020 by PP31

[moosers 0]

2 minutes ago, PP31 said:

so are you guys saying that even if she returns to the US on her F-1 visa, since her intent would not be to return home because she's engaged and knows that she will be marrying her fiance and will apply for AOS in the future, it will cause her issues with her AOS application?

This is what I don't understand -- people can be engaged for years before actually intending to marry. Similarly, people can have no intention of marrying, and then end up married after a weekend in Vegas.

 

I still have my Canadian apartment, and all my finances are still through my Canadian banks. That is to say, I have kept my Canadian ties with the intention of returning to this apartment once my time in the US is completed. Those plans did change once I met my fiancé, but that doesn't mean I'm entering with misintent, does it?

[Crazy Cat 42,418]

It's all about intent.  A person can not enter via a non-immigrant path (such as an F-1 visa) with the intent (plan) to stay inside the US to adjust status.  In addition, misrepresentation to immigration officials can result in a lifetime ban.

 

 

[PP31 53]

3 minutes ago, moosers said:

This is what I don't understand -- people can be engaged for years before actually intending to marry. Similarly, people can have no intention of marrying, and then end up married after a weekend in Vegas.

 

I still have my Canadian apartment, and all my finances are still through my Canadian banks. That is to say, I have kept my Canadian ties with the intention of returning to this apartment once my time in the US is completed. Those plans did change once I met my fiancé, but that doesn't mean I'm entering with misintent, does it?

I'm with you on this. Doesn't make sense to me at all either 😒

[Crazy Cat 42,418]

self deleted....

 

Edited January 8, 2020 by missileman