CarrotCruncher

Hello,

I have a couple of general queries about adjusting status. I am in the US on and F1 Visa, with my 3 children who are on F2 Visa's. We have been here since July '07 and life has been fabulous for us. In August this year I married by BF after a spur of the moment proposal in Vegas. Very impromptu, but perfect!

We have decided to start the AOS process whilst I continue my studies, my husband is convinced it's all very straight forward and quick, but I have a few queries / reservations, that I'm hoping someone can help me with. I have searched the forum and been able to answer most of my queries but the remaining ones are as follows:

1. My husband is recovering from back surgery. He was injured 5 years ago and has been battling the red tape of workman's comp in CA, to get his surgery. He receives SSDI and from searching on the forum I have established that as this is not a means tested benefit it can be counted as an income for sponsorship. Now that he has had his surgery, it is apparent that there are complications, and his return to work won't be as quick as he had hoped. I suppose I am looking for reassurance that this would not be seen negatively. (We both own our own houses, without mortgages, so we have sufficient assets individually, for the application).

2. From when the AOS packet is filed, how long will it be before I can travel again? My Dad has been very poorly and so far my Mum has not needed me, but, with planned procedures in the near future I would like to be able to judge when to apply so that I can be there for my Mum and Dad if necessary.

3. Due to the spontaneous nature of the wedding we have a few wedding pictures taken by my best friend and my now MIL. (We went to Vegas initially for a girly trip) Not a flower, dress or bouquet in sight. We also don't have rent agreements, or joint anything, just a few delivery notes, there hasn't been a need to do anything joint. I wasn't concerned, but after seeing the extensive evidence that people supply, I was wondering whether I should be?

If there is anything I am overlooking, that I should be concerned about I'd appreciate the heads up. As always any advice is greatly appreciated.

CC.

ian-mstm

If, either individually or together and with income or assets, you can satisfy the requirements of the I-864 then you should be fine.


Currently, you can travel on your F-1 visa if it is still valid. Otherwise, you'll need to wait until you receive Advance Parole... and that'll take about 60-90 days after you file the AOS paperwork.


In that case, apply ASAP.


To file, you only need such supporting information as you might have as a newly married couple - which, generally speaking, isn't a whole lot. By the time you have an interview, you'll have more evidence... so start now to gather stuff for the future!


Nothing that jumps out at me. I'm sure others will add input also. Good luck.

Ian

CarrotCruncher

Thanks for that Ian, that is very reassuring. I can confirm that my F1 is current. Just to clarify Does that mean that I can travel on my F1 after filing AOS, and don't need to wait the 60-90 days for advance parole? Or have I completely misunderstood you?

CC

henryh

Yes, as long as you maintain valid F-1 status. In fact, as long as you have that status, it is better (in certain unlikely sets of circumstances) to have entered on your F-1 visa than by using your advance parole.

md95065

Just don't forget to get your I-20 signed by your "designated school official" before you leave the US.

CarrotCruncher

Thank you henryh. I have one year left until I am finished with my BA degree. I'm hoping I don't need to travel, but knowing I can without recourse is a huge relief. Perfect.

md95065, thanks for the advice. I transferred to my present college in September . I have been very impressed how proactive they have been about the I-20's. They have been reminding all international students to get their I-20's signed and offering letters of good standing if we are travelling home for Christmas.

CC.

emartin

Sorry to be the bearer of bad tidings, but you should absolutely NOT travel after the AOS is filed until you have the Advance Parole. If you travel without the AP you will be deemed to have abandoned the AOS. Some people can travel and use their nonimmigrant status to return (H and L primarily), but not F-1 holders.

Also, it is possible that you would be refused admission in F-1 status because F-1 holders are supposed to have "nonimmigrant intent." This means that they are supposed to intend to return home at the end of their studies. You have shown the completely opposite intent by filing AOS. Not only would you abandon the AOS by travelling without AP, but you might not be readmitted to the US at all.

CarrotCruncher

Thank you for that emartin. I had asked because I had seen a few similar situations for people adjusting status on the VWP. It makes sense that it would apply to an F1 too. OK, well as long as we know.