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Posted

My fiance is on an F-1 visa that ends on July 2022 unless extended by OPT. We are recently engaged and planning to get married within the next year. Wondering if there is a deadline to start AOS or any recommended timeframe? We are worried doing it late and being perceived as displaying immigrant intent while on F-1. Thank you.

Filed: AOS (apr) Country: Philippines
Timeline
Posted
38 minutes ago, kweli9 said:

My fiance is on an F-1 visa that ends on July 2022 unless extended by OPT. We are recently engaged and planning to get married within the next year. Wondering if there is a deadline to start AOS or any recommended timeframe? We are worried doing it late and being perceived as displaying immigrant intent while on F-1. Thank you.

You start the process as soon as you want to and are ready...

YMMV

Filed: AOS (pnd) Country: Peru
Timeline
Posted
11 minutes ago, kweli9 said:

I see, so we could theoretically do it on July 2022 and that would still be fine?

You could, but if her OPT doesn't go through for whatever reason, then she wouldn't be able to work until she gets her AOS EAD, and that is currently taking a few months. Also, she would need to have her AOS receipt in hand to have proof that she is in a period of authorized stay after her student visa expires and while her AOS is processing.

 

There is no benefit to waiting until last minute, in my opinion. I am currently on F-1 going through the AOS process. As long as she abides by the F-1 regulations, she should be able to keep her international student status while the AOS is in process.

09/25/20: AOS package (I-130/I-485/I-765/I-944) mailed out via USPS.

09/27/20: Package received by USPS.

10/24/20: Received NOA1 in the mail. PD is 09/28/20.

01/05/21: Biometrics appointment completed (Brooklyn ASC). Case updated to show fingerprints were taken (I-486 & I-765).

01/05/21: I-131 mailed via UPS.

01/17/21: Received IOE receipt number for I-131 via text.

01/25/21: Received a biometrics reuse notice for I-131.

02/02/21: I-485 Case is ready to be scheduled for an interview.

02/04/21: Received I-693 deficiency notice in the mail (dated 01/29/21).

02/09/21: Advance Parole document was produced.

02/16/21: AP in hand.
02/26/21: New Card Is Being Produced (EAD).

03/04/21: EAD in hand.

09/01/21: EAD renewal paperwork received by USCIS. IOE receipt number.

09/07/21: Receipt / 180-day automatic extension received in the mail.

09/09/21: Received a biometrics reuse notice for I-765 renewal.

10/25/21: AP renewal NOA and biometrics reuse received in the mail.

11/04/21: Interview was scheduled for 12/02.

 

 

Filed: Country: Vietnam (no flag)
Timeline
Posted

How important is her ability to legally work?

 

Have you considered how much money she could save by switching from an international student to being the spouse of a state resident so she can qualify for in-state tuition?

If it was me, I would consider marrying now and filing for AOS immediately so she could pay in-state tuition and have an EAD based on marriage by the time she graduates.  Easier to find a job with a regular EAD than an OPT EAD.

 
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