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Joyceh

Expired F-1 visa to marriage green card

By Joyceh in Adjustment of Status from Work, Student, & Tourist Visas

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Joyceh Newbie

Joyceh   0

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Hi, 

 

I'm currently a student in the US, but will graduate in mid January. My F-1 visa has expired, but my I-20 is valid during the study period. My partner, who is an US citizen, and I have planned to get married tomorrow and filed the I-130 as soon as possible. My questions are:

1. Would expired F-1 visa affect the approval for I-130?

2. I suppose I should apply for OPT while the I-130 is being processed? So I can legally stay in the US? 

3. If not applying for OPT, we should apply for K-1 visa? Which would be better OPT or K-1? 

 

We'd like avoid me being stuck in my home country while I-130 is being processed. Thanks!

 

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Boiler Grand Master

Boiler   45,476

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Filed: K-1 Visa Country: Wales
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Why are you not filing to adjust?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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.yana Community Regular

.yana   597

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Filed: Citizen (apr) Country: Russia
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14 minutes ago, Joyceh said:

Hi, 

 

I'm currently a student in the US, but will graduate in mid January. My F-1 visa has expired, but my I-20 is valid during the study period. My partner, who is an US citizen, and I have planned to get married tomorrow and filed the I-130 as soon as possible. My questions are:

1. Would expired F-1 visa affect the approval for I-130?

2. I suppose I should apply for OPT while the I-130 is being processed? So I can legally stay in the US? 

3. If not applying for OPT, we should apply for K-1 visa? Which would be better OPT or K-1? 

 

We'd like avoid me being stuck in my home country while I-130 is being processed. Thanks!

 

1. No

2. As soon soon as you file I-130 + I-485 (AOS), you enter a period of authorized stay

3. No, just proceed with AOS and don't leave the country until you receive your temporary travel document if you apply for it.

Timeline:

Spoiler

AOS Journey:

Spoiler

 

08/19/2016 - day 0 - I-485, I-130, I-765 sent to USCIS office in Chicago (PD: 08/23/2016)

08/31/2016 - day 9 - electronic NOAs received via text and email, check is cashed.

09/08/2016 - day 17 - biometrics appointment notice received in the mail (appointment date 09/19/2016).

09/13/2016 - day 22 - early biometrics walk in.

10/28/2016 - day 67 - EAD status changed to "New Card Is Being Produced".

11/16/2016 - day 87 - EAD card received in mail.

06/27/2017 - day 309 - contacted the congressman office.

07/28/2017 - day 340 - finally received an interview appointment in mail (online status has not changed).

08/31/2017 - day 374 - Interview; I-485 status changed to 'New Card Is Being Produced'

09/08/2017 - day 382 - greencard received in mail

I-751 & N400 Journey:

Spoiler

06/20/2019 - day 1036 - ROC packet mailed (PD: 06/21/2019)

06/29/2019 - day 1045 - NOA/Extension letter received in the mail (new GC expiration date is 2/28/2021)

01/17/2020 - day 1256 - biometrics appointment

06/03/2020 - day 1382 - N400 filed online (PD: 06/04/2020)

02/01/2021 - day 1626 - Biometric Reuse notice uploaded to my online account

02/08/2021 - day 1634 - Interview Appointment notice uploaded to my online account

03/16/2021 - day 1670 - N400 Interview - passed; due to I-751 stuck in another office 'No decision can be made at this time'

06/01/2021 - day 1747 - with help of Sen. Sanders' office, I-751 file finally forwarded to St. Albans field office

06/28/2021 - day 1774 - I-751 status changed to 'New Card is Being Produced'; N400 status changed to 'Oath Ceremony Will Be Scheduled'

08/19/2021 - day 1826 (exactly 5 years since day 0) - Oath Ceremony (notice received on 7/19/21)

 

 

 

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Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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Posted

I wouldn't waste $500+ on OPT whose adjudication turnaround is the same as EAD. That being said, just AOS.

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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48 minutes ago, Joyceh said:

filed the I-130 as soon as possible

Follow the process in 

https://www.visajourney.com/guides/i130-spouse-inside-usa/


That process makes your questions not relevant and will save you money and hassle.  

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Boiler Grand Master

Boiler   45,476

Posted
Filed: K-1 Visa Country: Wales
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Posted

Always apply for everything you can

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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mymarriagejourney Community Regular

mymarriagejourney   113

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted

You will get more specific help in the Adjustment of Status forum.

07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

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