Student married to USC - GC/EAD Application process help please

J

JohnNicols

Registered Users (C)
Hello.

I am a current international student who is about to start my another semester of studies in California. I just got married to the love of my life, who is a US Citizen, in December, 2009. Me and my wife want to start the immigration paperwork [for Green Card & then Citizenship], change of status and work authorization right away, including anything else related. Could anyone point us to the right direction please? I apologize in advance if the 1st question below has been answered already. Reading the stickies now.

1 : Which papers/applications do we individually or collectively file?
2 : Would my student visa continue to be valid after I send in my papers in question 1 above?
3 : Would I still need to go to the school to maintain my student visa/status after I/we apply the forms/applications from question # 1 above? Or can I stop going to school?
4 : Any tips on what to include with our applications or how to prepare for the process?

Thank you! :)

John
 
1. Documents are listed here -
http://forums.immigration.com/showthread.php?t=288201

2. Student visa will continue till your adjustment of status to permanent resident (i.e. pass the GC interview)

3. You have to continue to maintain your student status till your adjustment of status to permanent resident (i.e. pass the GC interview)

4. Refer to Answer 1
 
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1. You have to go to INS local office to ask for all the forms you need to send out. They include adjustment status, work permit, travel document, etc.
2. Your F-1 visa still valid while you are filling paperwork.
3. Make sure you are still in school until you pass the interview.
4. Make sure you and your wife join bank account, credit cards, insurance and as much as possible.
5. Yall should have at least 30 photos.

----------------------------------------------------------
03/26/07: Met my love in Vietnam
08/26/07: Came to U.S. on F-1 Visa. (Mississippi school)
08/12/09: Married to a USC. ( after 2 years living together)
09/16/09: Package sent to Chicago (485/130/765/131).
09/23/09: Received notice receipts.(Day 7)
10/25/09: Called USCIS to ask why I have not received anything.(Day 33)
10/28/09: Travel documents approved notice.(Day 36)
10/29/09: Receive Fingerprint notice scheduled (11/12/09).(Day 37)
11/12/09: Done biometrics. (Told EAD approved, wait about 10 days to receive).(Day 51)
11/27/09: Received message from IO stated the Notice I-485 and I-765 were returned back.(Day 66)
11/27/09: Called IO to request resending the 2 Notice…(Day 66)
11/30/09: Received IL (01/06/10). (Day 69)...
(01/11/10) Case upgrade : Card in order (Day 111)
 
resident1374 said:
3. You have to continue to maintain your student status till your adjustment of status to permanent resident (i.e. pass the GC interview)
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That is not true. Once the I-485 is filed and the I-485 receipt is obtained, his status in the US is no longer tied to being a student, and he can withdraw from school. However, he should inform the International Student Office at the school about his pending GC application, so they won't raise the alarm to USCIS when he stops attending school.
 
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JohnNicols said:
2 : Would my student visa continue to be valid after I send in my papers in question 1 above?
Click to expand...
The F-1 visa in the passport will be useless for reentering the US after international travel. You will need Advance Parole to reenter the US while the GC process is going on. Unless you manage to obtain an H1B visa during that time.
 
maihuynh82 said:
1. You have to go to INS local office to ask for all the forms you need to send out.
Click to expand...
Or just download them from the USCIS web site.

3. Make sure you are still in school until you pass the interview.
Click to expand...
Not necessary, although it may create a better impression for the interview.
4. Make sure you and your wife join bank account, credit cards, insurance and as much as possible.
Click to expand...
Yes. Evidence of joint assets and other joint arrangements is vital.
 
Thanks for the replies everyone.

I am researching everything all of you are saying and really appreciating your input: thank you.

So to clarify a little bit more about my question # 2 & 3 again please: once I apply for the entire process and receive the receipts in the mail [before the interview], my student status will be invalid & I can still legally stay in the US without going to school. However, going to school and maintaining classes can create a better impression for the interview.

Is that correct?
 
JohnNicols said:
Thanks for the replies everyone.

I am researching everything all of you are saying and really appreciating your input: thank you.

So to clarify a little bit more about my question # 2 & 3 again please: once I apply for the entire process and receive the receipts in the mail [before the interview], my student status will be invalid & I can still legally stay in the US without going to school. However, going to school and maintaining classes can create a better impression for the interview.

Is that correct?
Click to expand...

I would say don't quit school - it is just matter of few months before you will get GC.
 
JohnNicols said:
So to clarify a little bit more about my question # 2 & 3 again please: once I apply for the entire process and receive the receipts in the mail [before the interview], my student status will be invalid & I can still legally stay in the US without going to school. However, going to school and maintaining classes can create a better impression for the interview.

Is that correct?
Click to expand...
Correct. Marriage-based green card applications are already viewed with a high level of suspicion. So if you quit school as soon as your papers are filed, it may give the impression that you really didn't come to the US for school, you came so you could look around for somebody to marry and sponsor you for a green card. They can't deny you just for quitting school, but it could trigger a hostile line of questioning, which in turn could create delays and hassles such as a second interview or having them make you dig up additional evidence to prove your relationship.

Of course, it is possible they won't ask or care about whether you're still in school. But with the subjectivity and suspicion already involved in marriage-based cases, it's better to avoid looking bad if you don't have to.
 
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I came across this post which will probably shed more light on your situation going forward -

*******************************************************************

My husband has been on F1 status and we have applied for his green card. Like you, I was very concerned about this when we started his AOS, so I did my homework. I am fairly confident about how this works now, but keep in mind I am not a lawyer or an expert and am just passing on what I learned.

Do you have "two" types of status?
Yes. First of all, AOS is not a visa and does not conflict with F1. It is "adjustment" from F1 to permanent residence. The status is F1-status AND adjustee until permanent residence is approved.

Do you need the F1 status?

YES -- The only case where it would be better to maintain status is if the adjustment is denied, but if there are grounds for that, then there are bigger problems than the F1, so that is probably not a concern.

NO -- Once the adjustee has filed (and to be safe, received notice) for the AOS, he is not expected to maintain F1 status, but can maintain it to be safe. After using the EAD there is not much reason to maintain F1 status. After using AP, it is may be impossible to maintain F-1 status, since the old I-94 will be replaced. If giving up the F1 status, the adjustee does not need to be a full time student. The EAD just enables the adjustee to work. It has nothing to do with studies. Any adjustee is legally eligible to enroll at a school without a student visa. Neither the visa nor the EAD are needed to begin or continue studies.

The adjustee should consult the student services office and notify them of the adjustment of status. They will probably want copies of your filing receipt and EAD. The school officials do not need to sign anything for the adjustment of status, but there may be documents they need in order to change the records, enrollment, and billing status at the university.

In short, if the adjustee wants to stop taking classes and drop F1 status, this is no problem for the adjustment of status. What the university will think and communicate to the immigration services is another matter.

http://britishexpats.com/forum/showthread.php?t=168636
 
Hello!

Thanks for the reply everyone. I really appreciate it. All of your responses shed more light, thank you.

So a question, maybe I am misunderstanding this [please correct me if I'm wrong]: It says above that

"Any adjustee is legally eligible to enroll at a school without a student visa."

Does that mean that once my application for adjustment is sent & I receive the official notification that it has been received, that I can enroll in a school as a resident or a non-international student? Just trying to make sure. I agree with you that maintaining school status is good, though I wonder if, because of the above quoted comment, I may be able to pay local per-unit fees instead of international student fees?

Thanks!
 
JohnNicols said:
Does that mean that once my application for adjustment is sent & I receive the official notification that it has been received, that I can enroll in a school as a resident or a non-international student? Just trying to make sure. I agree with you that maintaining school status is good, though I wonder if, because of the above quoted comment, I may be able to pay local per-unit fees instead of international student fees?
Click to expand...

Depends on the International office of your school, but very unlikely they will let you enroll as a state resident (in-state) student. What will likely happen is that once you go to your student office and let them know that you have applied for AOS, they will put a note on your Sevis account regarding your filing for AOS. You can continue your education (or temporarily discontinue if you so desire).

Local fees is determine by registrar/bursar. The rule is that you are considered an in-state student if you lived in the state for at least 1 year for non-educational purposes.
 
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