AOS (Help)

Christian-Prof

New Member
Adjustment of Status F-1 Student Visa (OPT) to Inmediate Relative of U.S. Citizen



Hello, community I have a few questions that will probably be interesting ones but please I need your help, guidance, knowledge, and support. Thanks before hand!



I came to the U.S. with an F-1 student visa in 2014, that visa had an expiration day of MAY-2019 and on May-2018 I graduated with a degree in STEM (civil engineering).

After graduation, I decided to apply for opt. In the process of Opt, I decided to withdraw my application from USCIS and pursue a master's degree in the same area of studies that I pursued bachelor's at the same college.

In August of 2018, I started a master's program and I obtained my master's degree at the end of the last year 2019, I did not renew my visa but I stay here with a valid i-20 &i-94.

I applied for a second time Opt for this in 2020 and in February the AED card was in my hands and later on, I applied and applied for jobs but I did not find a job in the 90 days’ time frame.

However, in the mid-time that the AED was active and I was allowed to work and with my girlfriend of years who is a U.S. citizen we made the decision that we were ready to get married and that is what we have done.

At that time when we submitted all the documentation to apply for adjustment of status, the time left to find a job was 3 days before the run of days off on opt (we got married on April 17-2020).

Once we submit all the completed AOS package i-130, I-131,i-765, i485, and more documents like affidavit, i-864, and others. I received the letter form i-797c for those 4 cases (docs) saying that it was received and that it has a priority date which is May 4-2020.

My EAD card starting date was February -07-2020. Did I break any law at all during 2014 until now for overstaying or something like that? I have never been arrested or gotten a random or case open against me.

To clarify, I pursued a bachelor's degree in civil engineering and a master’s in civil engineering, did I stay here longer without Documentation or legal status?

Is USCIS still processing AOS for an immediate relative of U.S. citizens in states DMV (DC, Maryland, Virginia)?

When will I get my fingerprint appointment?

My mom has cancer and she is in advanced care but due that USCIS has not received my fingerprints and I cannot apply for humanitarian advance parole. Also, when I asked USCIS if they could recall my files from the government because I worked for them for a few months as a contractor and I obtained my public truth clearance to make publications as well as research in

facilities they were not capable of gathering my files from DOS nor FBI. So, I am stuck right now.

Do you know how long it would take to get a fingerprint?

appointment or when they are going to reopen for cases like mine?

The i-765 and all other files have a received date of May 4 - 2020 and the same priority date, but I have not gotten the follow up for the fingerprints.

Would my adjustment of status be affected by any new policy or order from the dear president?

How long would it take for me to get a conditional green card of two years ( I am from Bolivia), is the new AED card in process?

Is the biometric center is going to be open soon when any hints?

In my case and cases being processed due, I belong to the a preferred group of an immediate relative of US citizens, while we are at a stage 2, 3 of covid19, and people are getting or will be getting furloughs at USCIS.

Or did my files get in a freeze, due to the president proclamation and also because all of the files are still at national benefits center (MSB) and they have not adjudicated in a local office or will USCIS HQ take care of my case there, or MSB is not processing my case until they lift

the freeze and they will resume this upcoming January 1 of 2021 when the freeze and

the proclamation is over if he does not extend it or lift it?



I am so sorry for so many questions!

Please reach me out at gsga.udc.edu @ gma...

Thanks a lot!!

Thanks!!!



Cheers,

Chris
 

newacct

Well-Known Member
As the spouse of a US citizen, you are in the Immediate Relative category, and it doesn't matter if you were in status at the time you filed for AOS (I-485). You could have overstayed for years before you filed I-485 and it would not matter. So, for the purposes of AOS at least, you don't need to be concerned about the question of whether you overstayed or not.

AOS for all categories are being processed. There have been no changes in policy that affect AOS. But processing times may be longer due to USCIS working from home during the pandemic and soon the workers will be furloughed. However, how long AOS takes doesn't really matter, because you can stay in the US for as long as AOS is pending. EAD/AP might take longer to get, and I am not sure when you will be able to get a biometrics appointment.
 

Christian-Prof

New Member
Thanks a lot for the clarification! But what would happen if I decide to leave the country to take care of my mom with cancer. My case would get drop because I have not gotten the fingerprints appointment nor the prints filed. Also, if my cases have a priority day of 2 months ago. Would my cases would get process without the fingerprint appointment? Or would they keep processing all my files and they would add the background check to my files? Is there any negative impact in not having the appointment done? Would my file be in hold until get the appointment done?.

Sorry for so many questions. But thank you a lot!!!
 

SusieQQQ

Well-Known Member
Thanks a lot for the clarification! But what would happen if I decide to leave the country to take care of my mom with cancer. My case would get drop because I have not gotten the fingerprints appointment nor the prints filed. Also, if my cases have a priority day of 2 months ago. Would my cases would get process without the fingerprint appointment? Or would they keep processing all my files and they would add the background check to my files? Is there any negative impact in not having the appointment done? Would my file be in hold until get the appointment done?.

Sorry for so many questions. But thank you a lot!!!
If you leave before you get AP then you will have abandoned AOS, and you will have to wait to process consular processing (to get an immigrant visa) in your home country. Not doing biometrics would become irrelevant at that stage as CP has a different process. The presidential proclamation/ban has no effect on your visa category, so that won’t be a concern, but it will probably take a good number if months before you can get an interview anyway.
 

Christian-Prof

New Member
Okay! Now I understand. When I applied for AOS and I was in the states with OPT F-1 student visa but that visa had expired and my EAD opt status also happened the same. Would they consider me a CR1 in the AOS process or visa K-1 in the AOS or which abbreviation I would have?
Because I entered the country with F-1 and it has already expired 1 year ago but I have been googling and also checking the uscis web page and they don't have anything like change of status of F-1 just c's and ir's . Last but not least related to my previous question, if my cases have a priority day of 2 months ago. Would my cases would get process without the fingerprint appointment? Or would they keep processing all my files and they would add the background check to my files? Is there any negative impact in not having the appointment done? Would my file be in hold until get the appointment done?.
 

SusieQQQ

Well-Known Member
Okay! Now I understand. When I applied for AOS and I was in the states with OPT F-1 student visa but that visa had expired and my EAD opt status also happened the same. Would they consider me a CR1 in the AOS process or visa K-1 in the AOS or which abbreviation I would have?
Because I entered the country with F-1 and it has already expired 1 year ago but I have been googling and also checking the uscis web page and they don't have anything like change of status of F-1 just c's and ir's . Last but not least related to my previous question, if my cases have a priority day of 2 months ago. Would my cases would get process without the fingerprint appointment? Or would they keep processing all my files and they would add the background check to my files? Is there any negative impact in not having the appointment done? Would my file be in hold until get the appointment done?.
You can only be CR1 in your situation (married, less than 2 years), whether AOS or CP.
The case will be processed as far as it can without biometrics (ASCs are opening from 13 July depending on location, see “application support centers” section here https://www.uscis.gov/about-us/uscis-office-closings to see when yours will reopen). Again, if you abandon AOS, then this becomes irrelevant as CP does not require biometrics within the US.
 

Christian-Prof

New Member
Thanks a lot mate!!!!! You cleared all my questions at the moment!!!
Thanks again! I applied with the zip of 20906 Maryland, does it say in the webpage anything about my location? Because it is in blank :(
Portland Will reopen to the public on 07/27/2020.
Maryland
Baltimore Will reopen to the public on 07/20/2020.
 

newacct

Well-Known Member
Visa expiry is irrelevant; US visas are solely for entering the US, and have no relevance for your stay inside the US. You would trigger a ban if you left the US after accruing more than 180 days of "unlawful presence". (Specifically, if you leave the US after accruing between 180 days and 1 year of unlawful presence, you trigger a 3-year ban; if you leave the US after accruing more than 1 year of unlawful presence, you trigger a 10-year ban.) "Unlawful presence" is defined such that you only start accruing it if you stay past the date on your I-94, and for F1, you have "D/S" on your I-94, not a date, so you do not automatically start accruing unlawful presence no matter how long you stay after your program ends. There was a policy memo to start counting unlawful presence whenever someone in F/J/M status is out of status; however, that has been blocked by the courts. In any case, you do not accrue unlawful presence while AOS is pending, so even if time out of status were counted as unlawful presence (it isn't, but even if), you would still not have accrued any unlawful presence since you filed AOS before you went out of status (and so it's definitely less than 180 days).

K1 is for fiances. You are married, so you would get an IR1/CR1 immigrant visa. Whether you become a conditional permanent resident depends on whether you will have been married for 2 years at the time you become a permanent resident (for AOS, this is when your AOS is approved; for CP, this is when you enter the US with your immigrant visa). Depending on how long your process takes, it is possible that you might become a non-conditional permanent resident directly.

Since the I-130 indicated you wanted AOS, if you need to abandon AOS and switch to CP, you might need to inform USCIS to change it to CP if the I-130 is still pending, or file I-824 if the I-130 is approved, to have USCIS move the I-130 to NVC after approval.
 

Christian-Prof

New Member
Thank you so much!! Newacct, your answer cleared soo many questions that I had and also it seems that you have really good knowledge about international students. It is the first time that I ever get a really sharp answer, I mean the way you formulated the whole paragraph and the correlation it was perfect! It seems that we also have a government employer here,
THANKS a lot!!!!!!

Look this is the latest update related to my case, what should I do? My zip code is 20905, I have not received any update related to the fingerprints.
On May 21, 2020, we accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSCXXXXXX . Our National Benefits Center location is working on your case. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you move, go to ...to give us your new mailing address. . Thanks a lot!
 
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Adamd

Active Member
Delete this you have your receipt number this is not good at all anyone can copy it and check or do something you can write MSC12345678910 You don’t need to put your real number
 
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