Anyone else adjusting status from F-1 ??

[Wrights 0]

I'm curious to know if anyone else is adjusting status the same way i am..... My f-1 visa expires may 2010.. so i still have 2 years on it....

is the process typically easier for people who are already in the U.S??

[EstebanTrabajos 7]

I'm adjusting from F-1. The only way it's easier compared to others is because you won't need to return to your home country and apply for a fiance's visa, which usually takes 6 months (if I'm not mistaken) to be processed. After being approved, you will be able to enter the US and allowed to get married and file for Adjustment of status.

Since you are an F-1, you'll be able to apply here in the US since there wasn't an intensional reason for you to come to the statues but to study not getting married. The fact that you met your sweetheart, well that's just matters of the heart and immigration cannot blame you for that.

Check my timeline for a better idea, I entered back in 2000 as an F-1, finished college and started working under the OPT work permit and while on OPT I got married.

P.S. Just make sure to get married before either your F-1 or OPT expires.

Edited April 8, 2008 by GueraYTavo

[ahebl 0]

My portuguese wife is also adjusting from F-1, and from what I have seen so far, the timeline seems to be pretty similar to other people who are adjusting status from K-1 or K-3.

[Lili 3]

Same as GuerraYTavo.

[carolinek 0]

I, too, am adjusting from F-1!

[Silke 1]

I also adjusted from F1. Good luck.

[Marcus and Laura 4]

Adjusting from F1 here too!

[EstebanTrabajos 7]

Let's make this our little thread, "F-1 STUDENTS ADJUSTING STATUS" what do you think?? on the 17th, we'll have our interview and pretty much I'll b done. If somebody needs help or questions I'll be glad to help you out mates!

Edited April 9, 2008 by GueraYTavo

[ahebl 0]

I think that is a great idea! Seconded!

[Silke 1]

I adjusted status last year so if someone has a question feel free to pm me. Silke

[GreenApp 0]

My husband is also adjusting status from an F-1 visa, and so far so good (our interview is in a few weeks). I just want to note that you don't need to worry about your student visa expiring, as long as you stay legal with a valid I-20 or OPT. My husband's visa expired several years ago, but he's still fine.

[truenortheh 0]

Hello all,

I'm adjusting my status from F-1 as well, and admit to being very confused. Here are some specifics:

I am a Canadian Citizen

Entered US on F-1 in 2006 (good until 2011)

Got married to US Citizen in 2007

I just sent in my I-130... after reading the instructions I thought that I had to do this before sending in the I-485, but now I'm questioning this.

I also have an OPT (pre completion) in process as I've been offered a part time job this fall and want to be sure I can accept it legally.

My questions:

1. Should I have sent in my I-485 with my I-130? If so, what should I do now

2. Since only my I-130 has been sent in, am I permitted to travel to Canada and re-enter with my F1 status? I've read about this here and other places and it seems controversial, since technically I have intention to immigrate given my marriage and I-130 application. I know that with the I-485 I can apply for travel and EAD but I'm not sure about the I-130.

3. The magic question - how long is the I-130 going to take (roughly) to process, I've heard it could take up to a year

Any help would be greatly appreciated!

A.

Edited May 21, 2008 by truenortheh

[Heliosphan 1]

Hello all,

I'm adjusting my status from F-1 as well, and admit to being very confused. Here are some specifics:

I am a Canadian Citizen

Entered US on F-1 in 2006 (good until 2011)

Got married to US Citizen in 2007

I just sent in my I-130... after reading the instructions I thought that I had to do this before sending in the I-485, but now I'm questioning this.

I also have an OPT (pre completion) in process as I've been offered a part time job this fall and want to be sure I can accept it legally.

My questions:

1. Should I have sent in my I-485 with my I-130? If so, what should I do now

2. Since only my I-130 has been sent in, am I permitted to travel to Canada and re-enter with my F1 status? I've read about this here and other places and it seems controversial, since technically I have intention to immigrate given my marriage and I-130 application. I know that with the I-485 I can apply for travel and EAD but I'm not sure about the I-130.

3. The magic question - how long is the I-130 going to take (roughly) to process, I've heard it could take up to a year

Any help would be greatly appreciated!

A.

You're supposed to submit everything together in one packet.

I'm also an F-1 student adjusting status!

[EstebanTrabajos 7]

1. Should I have sent in my I-485 with my I-130? If so, what should I do now

2. Since only my I-130 has been sent in, am I permitted to travel to Canada and re-enter with my F1 status? I've read about this here and other places and it seems controversial, since technically I have intention to immigrate given my marriage and I-130 application. I know that with the I-485 I can apply for travel and EAD but I'm not sure about the I-130.

3. The magic question - how long is the I-130 going to take (roughly) to process, I've heard it could take up to a year

1. Yes you should've sent the I-485. Call the USCIS number 1-800-375-5283 to see what you can do. They might tell you to send it ASAP since you need forcefully the I-485 to fully adjust status.

2. I would advise on not traveling to Canada since your intentions when you come back are to immigrate not to study, once you file for AOS you are no longer a student but a "pending" resident waiting to adjust status but ask that as well when you call USCIS. You don't want to be denied entry to the US on the way back do you?

3. Magic question it is, there is nothing certain on the AOS process. People have gotten their greencards within 3 months and others are still waiting after 2-3 or maybe more years after filing for AOS. The median is between 3-6 months though.

P.S. This is a really important process, check and DOUBLE check everything before sending it next time. Hopefully USCIS won't give you a hardtime because of this error and you'll find a way to fix it.

Edited May 21, 2008 by GueraYTavo

[truenortheh 0]

Wow - talk about quick response! The reason I didn't send the I-485 with the I-130 is because it specifically states that "immediate relatives (spouse) of a US Citizen" are not eligible to submit the I-485 until they have an "approved immigrant petition". I thought I had to send the I-130, get it approved, then send the I-485. At least that is how I read it, I'll phone now.

Much thanks,

A.