AOS from F-1 (F2A category)

[Garko86 5]

Hello

 

I am a US permanent resident, and my girlfriend recently moved to the US on an F1 visa to study English as a second language. We had initially met in the US, but we have been in a long distance relationship for almost 2 years since then.

 

I proposed to her yesterday. Our base-case is getting married next year, but seriously considering getting married sooner so we can apply for AOS.

I keep reading that it is better to wait 90 days since her last entry. However if we wait too long, there is a risk her F1 would expire before we could file for AOS. In which case we’d rather plan the wedding for next year (and accept we’d be separated for a while).

 

Would F1 to study English as a second language + filing AOS within 90 days of entering the US raise all kind of red flags?

Maybe we are just being paranoid about it…

[nastra30 2,390]

6 hours ago, Garko86 said:

Hello

 

I am a US permanent resident, and my girlfriend recently moved to the US on an F1 visa to study English as a second language. We had initially met in the US, but we have been in a long distance relationship for almost 2 years since then.

 

I proposed to her yesterday. Our base-case is getting married next year, but seriously considering getting married sooner so we can apply for AOS.

I keep reading that it is better to wait 90 days since her last entry. However if we wait too long, there is a risk her F1 would expire before we could file for AOS. In which case we’d rather plan the wedding for next year (and accept we’d be separated for a while).

 

Would F1 to study English as a second language + filing AOS within 90 days of entering the US raise all kind of red flags?

Maybe we are just being paranoid about it…

You guys can't do adjustment of status now anyways; that category is not current.

You can marry and file just the I-130 petition if you want your priority date to be earlier than waiting for next year.

When does F1 status end?

And there's no 90 day rule for DHS.

Edited 8 hours ago by nastra30

[Crazy Cat 42,476]

7 hours ago, Garko86 said:

filing AOS within 90 days of entering the US raise all kind of red flags?

Filing an I-485 before her I-130 date is current will be an immediate denial.  I suggest you take a look at the latest Visa Bulletin Table B.  Become an "A student" of the process before taking any big steps. 

She is under F2A category.

[Garko86 5]

19 minutes ago, Crazy Cat said:

Filing an I-485 before her I-130 date is current will be an immediate denial.  I suggest you take a look at the latest Visa Bulletin Table B.  Become an "A student" of the process before taking any big steps. 

She is under F2A category.

I meant getting married and filing the I-130 immediately. I am aware of the bulletin being stuck at July 2024 for filing…

 

She was admitted on F1 for 12 months

[nastra30 2,390]

26 minutes ago, Garko86 said:

I meant getting married and filing the I-130 immediately. I am aware of the bulletin being stuck at July 2024 for filing…

 

She was admitted on F1 for 12 months

No need to wait 90 days. Marry and file I-130. You'll never know when the chart might jump. Especially, chart B. Choose consular processing though. If it happens she's still in status when priority becomes current she can still adjust. 

 

Good luck

[Crazy Cat 42,476]

24 minutes ago, nastra30 said:

Choose consular processing though. If it happens she's still in status when priority becomes current she can still adjust. 

Great point!!!!!!!  Choose Consular processing....not AOS on the I-130.

Edited 6 hours ago by Crazy Cat

[Garko86 5]

30 minutes ago, nastra30 said:

No need to wait 90 days. Marry and file I-130. You'll never know when the chart might jump. Especially, chart B. Choose consular processing though. If it happens she's still in status when priority becomes current she can still adjust. 

 

Good luck

May I ask what is the advantage of consular processing in our situation? Is it to demonstrate that her intention is to leave the US at the end of her F1?

[Crazy Cat 42,476]

5 hours ago, Garko86 said:

May I ask what is the advantage of consular processing in our situation? Is it to demonstrate that her intention is to leave the US at the end of her F1?

On the I-130, you must indicate whether she will seek Consular Processing or Adjustment of Status within the US.....You should not choose both.  If you indicate Adjustment of Status, the I-130 would not be forwarded to NVC (if she later decided to do consular processing instead).  At that point, in order to move the approved I-130 to NVC, you would file an I-824 ($590), and it would delay the case for a year.

 

If you indicate Consular Processing on the I-130, she could still apply for Adjustment of Status without delaying the case.

 

Bottom line:  Choosing Consular Processing allows either consular process or Adjustment of Status (under some circumstances).  In your situation, you are not 100% sure which route she will take.

Edited 35 minutes ago by Crazy Cat

[nastra30 2,390]

36 minutes ago, Crazy Cat said:

On the I-130, you must indicate whether she will seek Consular Processing or Adjustment of Status within the US.....You should not choose both.  If you indicate Adjustment of Status, the I-130 would not be forwarded to NVC (if she decided to do consular processing instead).  At that point, in order to move the approved I-130 to NVC, you would file an I-824 ($590), and it would delay the case for a year.

 

If you indicate Consular Processing on the I-130, she could still apply for Adjustment of Status without delaying the case.

 

Bottom line:  Choosing Consular Processing allows either consular process or Adjustment of Status.  In your situation, you are not 100% sure which route she will take.

Ditto