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Old May 6th 2004, 9:37 pm   #1
Aaron and Eve
 
Default F1 to Perm.Res. VS K1 AOS q's: Urgent!

Pardon my excitement but my fiancee and I are somewhat new to this...
Well here's the deal: I am here on an F1 student visa, I have been for two
year and during this time have been living with my boyfriend (now fiancee).
We are planning to get married in June but this, we have found, poses
several problems:

a) We want to honeymoon in Europe (I am from London), is it true that I
can't travel during AOS?
b) I would like to take a break from school for 1 semester, but apparently I
have to stay in my F1 status while AOS takes place...?
c) I would like to work during this semester of but F1 student holders are
not permitted to work...?

Can anyone answer these connundrums for us - we would be most greatful!
Also: how long would it take if I were to go back to london and come back on
a K1/K3 visa?

THanks guys Im sure you understand what a pickle we are in
xxx
 

Old May 6th 2004, 10:16 pm   #2
Waterpony
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Default Re: F1 to Perm.Res. VS K1 AOS q's: Urgent!

Quote:
Originally posted by Aaron and Eve
Pardon my excitement but my fiancee and I are somewhat new to this...
Well here's the deal: I am here on an F1 student visa, I have been for two
year and during this time have been living with my boyfriend (now fiancee).
We are planning to get married in June but this, we have found, poses
several problems:

a) We want to honeymoon in Europe (I am from London), is it true that I
can't travel during AOS?
b) I would like to take a break from school for 1 semester, but apparently I
have to stay in my F1 status while AOS takes place...?
c) I would like to work during this semester of but F1 student holders are
not permitted to work...?

Can anyone answer these connundrums for us - we would be most greatful!
Also: how long would it take if I were to go back to london and come back on
a K1/K3 visa?

THanks guys Im sure you understand what a pickle we are in
xxx
Hi,

You can travel during the AOS process, but you need to apply for so called Advance parole (form I-131) and get it approved. The processing seems to be a few months, so you may not get it before your planned honeymoon.
Also, if you want to work you may apply for EAD (work authorization, form I-765) at the same time you're applying for AOS, but again, depending on the processing time, you may have to wait until you start working.
Please note, this is just a general information, I don't know if you have any other options regarding your F-1 visa (I remember international students were able to work certain hours on campus only, and then outside of campus after 1 year with CIS permission, but this may have changed - hopefully other members will be able to give you more information).
Good luck.
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Old May 6th 2004, 10:47 pm   #3
phunklounge
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Default Re: F1 to Perm.Res. VS K1 AOS q's: Urgent!

a) You need to file for Advance Parole along with your AOS package (I-485, I-130) and cannot leave the US until parole is approved. If you do decide to leave the you will be out of status and will have serious problems getting back into the U.S.

b) Once you file AOS you are no longer considered to be in F-1 status, instead it changes to "pending adjustment". Speak to the International Advisor at your institution for what their policies are in regards to your specific issue. I don't think you will have any problems resuming your studies after 1 semester off.

c) Again, you may file petition I-765 for Employment Authorization along with the AOS package. Expect to wait approx 3 months until such permission is approved.

Good luck!

Christian
__________________
9/03/98 - Entered US for first time on F-1
1/08/04 - Married in Minneapolis, MN
2/19/04 - Filed for AOS (I-485, I-130, I-765, I-131)
3/02/04 - NOA Receipt dates from NBC
3/06/04 - Biometrics
3/12/04 - Biometrics received, processing resumed
4/23/04 - AP and EAD Approved online!
4/27/04 - AP and EAD received in the mail
12/20/04 - Filed for renewal EAD
2/23/05 - Received renewed EAD card
6/15/05 - AOS Interview
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Old May 6th 2004, 11:26 pm   #4
Andy Platt
 
Default Re: F1 to Perm.Res. VS K1 AOS q's: Urgent!

"Aaron and Eve" <heytoots1@tampabay.rr.com> wrote in message
news:aeymc.536151$B81.9669431@twister.tampabay.rr. com...
    > Pardon my excitement but my fiancee and I are somewhat new to this...
    > Well here's the deal: I am here on an F1 student visa, I have been for two
    > year and during this time have been living with my boyfriend (now
fiancee).
    > We are planning to get married in June but this, we have found, poses
    > several problems:
    > a) We want to honeymoon in Europe (I am from London), is it true that I
    > can't travel during AOS?

You can travel but only if you obtain advance parole first (form I-131).
However, if you want to travel on your honeymoon that's a different matter
because you probably won't have filed for AOS by then anyway. I wouldn't
advise doing this, though, because an F-1 isn't dual status which means you
shouldn't have immigrant intent re-entering. How about honeymooning closer
to home?

    > b) I would like to take a break from school for 1 semester, but apparently
I
    > have to stay in my F1 status while AOS takes place...?

Not true.

    > c) I would like to work during this semester of but F1 student holders are
    > not permitted to work...?

F-1 student holders aren't entitled to work (except at the end if they get
OPT training and some limited work on campus). However, people who are
pending AOS are allowed to work if they get employment authorization (form
I-765).

Andy.

--
I'm not really here, it's just your warped imagination
    > Can anyone answer these connundrums for us - we would be most greatful!
    > Also: how long would it take if I were to go back to london and come back
on
    > a K1/K3 visa?
    > THanks guys Im sure you understand what a pickle we are in
    > xxx
 
Old May 6th 2004, 11:37 pm   #5
Aaron and Eve
 
Default Re: F1 to Perm.Res. VS K1 AOS q's: Urgent!

Andy you are a life saver - cheers!
Any chance you know where I can get this on paper in case immigration
decides to question me about it?
- can you tell I have had problems with them before -
Thanks again
xxx
Eve
 
Old May 6th 2004, 11:46 pm   #6
curlylocks
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Default Re: F1 to Perm.Res. VS K1 AOS q's: Urgent!

Everything Andy Platt says is correct. I was on an F1 status when I got married, and though had orignally planned a honeymoon in Greece, had to cancel it to avoid the problems of getting back in on my F1 status - since I wasn't applying to my AOS until after the honeymoon. Some people risk it, but it seems to be even more risky nowadays than in the past. People have been refused entry on an F1 visa if they are married to a USC since they no longer have "non-immigrant intent" required for the F1 visa when re-entering the country.
Consider having a honeymoon in the US (incl Hawaii - that is where we ended up going), and take a trip later to Europe when you have your GC or AP.

You can take a semester break while waiting for your AOS - since you have applied to change your status the rules of F1 dont really apply anymore. YOu wont be able to work though unless you get your work authorization - which can take 2-3 months to arrive. GC times vary between diff offices.

Good luck!



Quote:
Originally posted by Aaron and Eve
Pardon my excitement but my fiancee and I are somewhat new to this...
Well here's the deal: I am here on an F1 student visa, I have been for two
year and during this time have been living with my boyfriend (now fiancee).
We are planning to get married in June but this, we have found, poses
several problems:

a) We want to honeymoon in Europe (I am from London), is it true that I
can't travel during AOS?
b) I would like to take a break from school for 1 semester, but apparently I
have to stay in my F1 status while AOS takes place...?
c) I would like to work during this semester of but F1 student holders are
not permitted to work...?

Can anyone answer these connundrums for us - we would be most greatful!
Also: how long would it take if I were to go back to london and come back on
a K1/K3 visa?

THanks guys Im sure you understand what a pickle we are in
xxx
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Old May 7th 2004, 1:45 pm   #7
Andy Platt
 
Default Re: F1 to Perm.Res. VS K1 AOS q's: Urgent!

The USCIS website has this information on there and you can download the
forms so you can check it for yourself. They don't have too much to say
about the perils of leaving the US on your F-1 after you've married a US
citizen so you'll just have to play the "better safe than sorry" line with
that one!

Andy.

--
I'm not really here, it's just your warped imagination
"Aaron and Eve" <heytoots1@tampabay.rr.com> wrote in message
news:H_zmc.536178$B81.9681386@twister.tampabay.rr. com...
    > Andy you are a life saver - cheers!
    > Any chance you know where I can get this on paper in case immigration
    > decides to question me about it?
    > - can you tell I have had problems with them before -
    > Thanks again
    > xxx
    > Eve
 
Old May 7th 2004, 7:29 pm   #8
Eric S.
 
Default Re: F1 to Perm.Res. VS K1 AOS q's: Urgent!

You can also go to Puerto Rico or U.S. Virgin Islands.

- Eric S.


"curlylocks" <member12936@british_expats.com> wrote in message
news:1408807.1083887174@britishexpats.com...
    > Consider having a honeymoon in the US
    > (incl Hawaii - that is where we ended up going), and take a trip later
    > to Europe when you have your GC or AP.
 
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