AOS from OPT STEM to green card

[vaue 5]

Hi all, 

 

Our case is a little complicated and messy so any feedback will be much appreciated. This is a summary of the case:

• Petitioner: my husband, US citizen, currently attending school so no income
• Beneficiary: me, Thai national,  currently on OPT STEM (ends in Jan/2021)
• Joint sponsor: my father-in-law
• Married: Dec/31/2019, we've been together for 5 years and have pictures documenting that
• From 2016-2019 we've been living together in Hawaii but we only have a lease from 2018-2019. We moved to Houston, TX in July 2019 and lived together until May 2019. Then my husband (boyfriend at the time) moved to Austin, TX to start graduate school while I stayed in Houston (but moved to a different apartment) to stay at work because of my OPT STEM, and will probably work in Houston until my STEM ends. I will also be moving addresses within Houston at the end of February 2020.
• Our goal is for me to at least get my AOS EAD card approved before my current OPT STEM ends so that there won't be a lapse. So our plan is to apply by the end of January 2020. 

 

So questions:

1. What should we put down as the physical vs. mailing address? My plan was to have all the mailing be my husband's place in Austin (I'll be on his lease) but I will list down my physical address as my place in Houston. And then submit an address change after I move in February. 
2. How can we show that we're living separately because of school and work? Would an employment verification (mine), school transcript (his), a cover letter, and 2 affidavits from his mother and father about your current situation be enough?
3. Our friends and family (and my social media) refers to me with my nickname (non-legal). I wrote a cover letter addressing that, should I add anything else?
4. My birth certificate was translated from Thai to English, in Thailand. Will that work? Or will I need to get it translated here in America?

 

And this is the cover letter that I wrote to address our different addresses and my nickname:

-----------------------------------------------------

Subject: RE: Supplemental information Supporting Evidence of Bona Fide Marriage for Form I-130, Petition for Alien Relative
 

Dear USCIS Officer,

I, [name], the petitioner, am making this affirmation in connection with the application of [name], the beneficiary, for Form I-130, Petition for Alien Relative. The following information address’: I) the different residence of the petition and beneficiary; and II) the beneficiary’s name.

I)         

a.       [name], the beneficiary, is currently an F-1 Student completing her STEM Occupational Program Training (STEM OPT) and is employed by [name] in Houston, TX, as of October 15, 2019. [name] has plans to remain employed by [name] and remain in Houston, TX for the duration of her STEM OPT (until January XX, 2021). Once [name] ends her employment at [name], she will join [name], her husband, in Austin, TX.

b.       [name], the petitioner, is currently attending the University of [name], in Austin, TX. [name] moved residences from 14122 Hollowmill Lane, Houston, TX on April 30, 2019 to Austin, TX. [name] will continue to reside at Austin, TX; until the completion of this degree (projected graduation of XXXX).

II)      [name], the beneficiary, is commonly referred to be family and friends as “[name]”. This non-legal nickname will primarily appear in the attached messaging logs, Facebook posts, Instagram posts, and card from [name] (petitioner's mother).

 

-------------------------------------------------

 

Any and all feedback will be much appreciated. Thank you so much!!!!!!!! 

[Timona 4,208]

1 hour ago, vaue said:

Hi all, 

 

Our case is a little complicated and messy so any feedback will be much appreciated. This is a summary of the case:

• Petitioner: my husband, US citizen, currently attending school so no income
• Beneficiary: me, Thai national,  currently on OPT STEM (ends in Jan/2021)
• Joint sponsor: my father-in-law
• Married: Dec/31/2019, we've been together for 5 years and have pictures documenting that
• From 2016-2019 we've been living together in Hawaii but we only have a lease from 2018-2019. We moved to Houston, TX in July 2019 and lived together until May 2019. Then my husband (boyfriend at the time) moved to Austin, TX to start graduate school while I stayed in Houston (but moved to a different apartment) to stay at work because of my OPT STEM, and will probably work in Houston until my STEM ends. I will also be moving addresses within Houston at the end of February 2020.
• Our goal is for me to at least get my AOS EAD card approved before my current OPT STEM ends so that there won't be a lapse. So our plan is to apply by the end of January 2020. 

 

So questions:

1. What should we put down as the physical vs. mailing address? My plan was to have all the mailing be my husband's place in Austin (I'll be on his lease) but I will list down my physical address as my place in Houston. And then submit an address change after I move in February. 

I would suggest put a place where both of you plan to live for a long time. Temporary addresses and moving will just delay your AOS. Since he's in Austin for Graduate school, I'd list Houston as primary address. AOS will take like 1.5 years atleast. He won't be at that school anymore. So I wouldn't list Austin but rather list Houston. 

1. How can we show that we're living separately because of school and work? Would an employment verification (mine), school transcript (his), a cover letter, and 2 affidavits from his mother and father about your current situation be enough?

You can just note it within your letter that the Austin address is because he's attending school there (At this point you can include transcript to support) No need to include your work letter since you'll be using Houston as a primary address. USCIS has seen different addresses due to another partner working somewhere else.  

 

Affidavits are secondary evidences. Doesn't add to your plate. Anyone can write them. So no need for them. 

1. Our friends and family (and my social media) refers to me with my nickname (non-legal). I wrote a cover letter addressing that, should I add anything else?

No need to tell USCIS about your nicknames. It doesn't strengthen your petition. 

1. My birth certificate was translated from Thai to English, in Thailand. Will that work? Or will I need to get it translated here in America?

English is English. Doesn't matter where it was translated provided you translated it to English. 

 

And this is the cover letter that I wrote to address our different addresses and my nickname:

-----------------------------------------------------

Subject: RE: Supplemental information Supporting Evidence of Bona Fide Marriage for Form I-130, Petition for Alien Relative
 

Dear USCIS Officer,

I, [name], the petitioner, am making this affirmation in connection with the application of [name], the beneficiary, for Form I-130, Petition for Alien Relative. The following information address’: I) the different residence of the petition and beneficiary; and II) the beneficiary’s name.

I)         

a.       [name], the beneficiary, is currently an F-1 Student completing her STEM Occupational Program Training (STEM OPT) and is employed by [name] in Houston, TX, as of October 15, 2019. [name] has plans to remain employed by [name] and remain in Houston, TX for the duration of her STEM OPT (until January XX, 2021). Once [name] ends her employment at [name], she will join [name], her husband, in Austin, TX.

b.       [name], the petitioner, is currently attending the University of [name], in Austin, TX. [name] moved residences from 14122 Hollowmill Lane, Houston, TX on April 30, 2019 to Austin, TX. [name] will continue to reside at Austin, TX; until the completion of this degree (projected graduation of XXXX).

II)      [name], the beneficiary, is commonly referred to be family and friends as “[name]”. This non-legal nickname will primarily appear in the attached messaging logs, Facebook posts, Instagram posts, and card from [name] (petitioner's mother).

 

-------------------------------------------------

 

Any and all feedback will be much appreciated. Thank you so much!!!!!!!! 

 

Edited January 12, 2020 by Timona

[Just Paul 4,595]

1 hour ago, vaue said:

What should we put down as the physical vs. mailing address?

Use the Austin address for mail.   You don't want to change it during the process.

1 hour ago, vaue said:

• How can we show that we're living separately because of school and work? Would an employment verification (mine), school transcript (his), a cover letter, and 2 affidavits from his mother and father about your current situation be enough?
• Our friends and family (and my social media) refers to me with my nickname (non-legal). I wrote a cover letter addressing that, should I add anything else?

Doesn't matter

1 hour ago, vaue said:

My birth certificate was translated from Thai to English, in Thailand.

It needs a "certification statement".   Saying that the person translating it know Thai and English.   You can find samples on here.  You can translate it yourself.

[DJ_V 0]

Hi,

 

I am also on STEM OPT and going to file my AOS by the end of this month and I was hoping if someone could help me here! Since I am on STEM OPT I already have an A - Number so do I need to put that on top of i-485 form? or leave it blank? I have some other questions regarding form I-130, Beneficiary's Entry Information. The very first time I entered USA was on tourist visa(B1/B2} but I went back and applied for F1 Visa and came back on my student visa so what should I put in "He/She arrived as"  field? F-1 Student or Tourist? Any help is appreciated! 

 

Thank you!!

[vaue 5]

On 1/11/2020 at 8:06 PM, Timona said:

 

Can I do it the other way around then? I want to present it to USCIS that Austin will be our permanent address and that me working in Houston is temporary and will end once my OPT STEM ends. 

 

Also, as for my nickname, it shows up in the documents that we are using to support our bona fide marriage (letters, fb post, etc). Should I still take the letter out?

 

Thank you!

[vaue 5]

On 1/11/2020 at 8:17 PM, Paul & Mary said:

Use the Austin address for mail.   You don't want to change it during the process.

Doesn't matter

It needs a "certification statement".   Saying that the person translating it know Thai and English.   You can find samples on here.  You can translate it yourself.

Thank you. I've got some follow up questions. 

 

1. Will changing my physical address, after I submit the paperwork, but not my mailing address slow down the process?

2. The "certification statement" is a stamp from the Thai department of transport's translator, that should be okay right? I'm also sending photocopies of those translations, should I send the original one instead? There's no mention that a certified copy is required.

 

[Timona 4,208]

18 hours ago, DJ_V said:

Hi,

 

I am also on STEM OPT and going to file my AOS by the end of this month and I was hoping if someone could help me here! Since I am on STEM OPT I already have an A - Number so do I need to put that on top of i-485 form?

 

There's a place in those documents that will ask you if you already have an A number. List it there.

 

or leave it blank? I have some other questions regarding form I-130, Beneficiary's Entry Information. The very first time I entered USA was on tourist visa(B1/B2} but I went back and applied for F1 Visa and came back on my student visa so what should I put in "He/She arrived as"  field? F-1 Student or Tourist? Any help is appreciated! 

 

F-1- Student. That's the answer as it's your most recent entry

 

Thank you!!

 

Start your own thread. Don't hijack other's post. Nonetheless, I'll answer your few questions that you already asked. For more questions, start your own thread. 

[Timona 4,208]

45 minutes ago, vaue said:

Thank you. I've got some follow up questions. 

 

1. Will changing my physical address, after I submit the paperwork, but not my mailing address slow down the process?

 

Choose one address for both. You don't want to start missing documents due to numerous addresses. It will delay your process and one time you may miss a notice and the next thing you get is a denial because your mail went to one of your other addresses.

 

45 minutes ago, vaue said:

2. The "certification statement" is a stamp from the Thai department of transport's translator, that should be okay right? I'm also sending photocopies of those translations, should I send the original one instead? There's no mention that a certified copy is required.

 

Keep original. Send copy. You can certify the copy anywhere (UPS etc) for like $10. 

 

45 minutes ago, vaue said:

 

 

[Timona 4,208]

56 minutes ago, vaue said:

Can I do it the other way around then? I want to present it to USCIS that Austin will be our permanent address and that me working in Houston is temporary and will end once my OPT STEM ends. 

 

Also, as for my nickname, it shows up in the documents that we are using to support our bona fide marriage (letters, fb post, etc). Should I still take the letter out?

 

Thank you!

1. Affidavit letters don't hold any water. Text messages and FB posts are like tertiary evidences. You can employ them if you guys don't have a lot of primary evidences. Try using primary evidences such as leases, bank statement etc. In my case, we just used those. We didn't have much in common at that time. Sent the minimum that we had and had no issues at GC as they were strong primary evidences.

We didn't included any pictures/affidavits/FB posts because they don't hold water. 

 

2. Nicknames won't add anything to your case. 

 

Why don't you post the list of evidences you have and we will look over it for you?