F1 visa marry USC need help

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Old Aug 18th 2007, 4:06 am
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Default F1 visa marry USC need help

Please direct me to the thread if my questions may have been posted before.
I'm in the US with a F1 visa and about to marry a USC. too bad he popped the question after July 30. We're going to file AOS. My visa won't expire until 12/07.
From reading though some of the posted threads, I understand that I need to file I485, G325A, I693, I864, I765 and I-131 (possibly since we don't have any plan for travel yet). is there any other forms that we need to file?

once file AOS, how long before I have my SSN, and AOS interview?
when will I have the GS? will it be a permanent or a conditional one?
anything else I should know?
should I better off file all the forms in person since I live in Chicago or mail them?

Thanks so much for all your answers and advice!

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Old Aug 18th 2007, 6:22 am
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Default Re: K1 visa marry USC need help

Originally Posted by Cartoonlover
From reading though some of the posted threads, I understand that I need to file I485, G325A, I693, I864, I765 and I-131 (possibly since we don't have any plan for travel yet). is there any other forms that we need to file?
I'm confused. Your title says K-1 visa...but then you say you are here on F1. If you are here on F1 you aren't doing a K-1 visa. You are simply doing Adjustment of Status (AOS).

If this is AOS from an F-1, you will also need an I-130 form, in addition to the ones you listed. Each form will have its own set of backup documents required, but the form instructions are very clear on what they require. I recommend filing the I-131 even if you don't have travel plans. The new fee includes this form anyway, you might as well send it in.

once file AOS, how long before I have my SSN, and AOS interview?
When you receive your EAD, about 90 days after filing AOS, you can use that to apply for your SSN. It takes a couple of weeks to get the SSN.

when will I have the GS? will it be a permanent or a conditional one?
You mean Green Card (GC)? You will have your GC whenever your AOS is approved, either on the day of the AOS interview, or at a later date if security checks aren't complete, or the officer needs more information from you. Whether you get a conditional one or not, depends on how long you've been married at the time of your approval. If you've been married less than 2 years, it will be a 2-year conditional one. If you've been married more than 2 years, it will be the 10-year GC. How long it takes to get the AOS interview depends on the backlog at your local district office.

anything else I should know?
Might be a good idea to search this forum more, and read other posts on F-1 and AOS.

should I better off file all the forms in person since I live in Chicago or mail them?
You are not allowed to file the forms in person. You must mail them to the Chicago lockbox address.

Best Wishes,
Rene
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Old Aug 18th 2007, 11:46 am
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Default Re: K1 visa marry USC need help

Originally Posted by Noorah101
I'm confused. Your title says K-1 visa...but then you say you are here on F1. If you are here on F1 you aren't doing a K-1 visa. You are simply doing Adjustment of Status (AOS).
It's a popular misconception. People equate the K-1 with "fiancee" and so if they're not yet married, they believe they need to do some sort of fiancee thing whether or not they really need to... but they think they do. Fortunately, after a visit here, they usually get straightened out PDQ.

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Old Aug 18th 2007, 7:28 pm
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Default Re: K1 visa marry USC need help

It's my mistake on the title K1. I am here with F1 visa.
Thanks for the quick responds.

If I stop attending school (wait until I get the GC), will that affect my AOS interview? Just want to save some money here since the tuition and everything else is overwhelming.
should I let my school know that I'll stop attending for the time being?

also do I really need form I-130 (I don't mean to question your advice Rene) since they do not specify in the list.

can you guys explain who need supplement A to form I485? I am confused.

thanks a ton!

I get the following info from USCIS.gov

Application Procedures: Becoming a Permanent Resident While in the United States

If you would like to become a lawful permanent resident in the United States, you must file the following items with the U.S. Citizenship and Immigration Services:

* Form I-485 Application to Register Permanent Residence or Adjust Status

* Please review Supplement A to Form I-485 to see if additional fee requirements apply to you.

* Form G-325A Biographic Data Sheet (Between the ages of 14 and 79)

* Form I-693 Medical Examination Sheet (not required if you are applying based on continuous residence since before 1972, or if you have had a medical exam based on a fiancé visa)

* Two color photos taken within 30 days (Please see USCIS Form I-485 for more instructions on photos.)

* Form I-864 Affidavit of Support (completed by the sponsor). (This requirement may not apply to you if you are adjusting to permanent resident status based on an employment petition.)

* Form I-765 Authorization for Employment (if seeking employment while case is processed). For more information, see How Do I Get a Work Permit?
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Old Aug 18th 2007, 7:37 pm
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Default Re: K1 visa marry USC need help

Originally Posted by Cartoonlover
If I stop attending school (wait until I get the GC), will that affect my AOS interview? Just want to save some money here since the tuition and everything else is overwhelming.
should I let my school know that I'll stop attending for the time being?
When you stop attending school, you will be out of your F1 status. If you're planning on quitting school, I wouldn't do it until you are sure your AOS package has been accepted at USCIS...wait until you get the NOA from them showing they've accepted it. Once you have that, your status will be "pending adjustment" and you should be OK without your F1 status.

also do I really need form I-130 (I don't mean to question your advice Rene) since they do not specify in the list.
Yes, you need it. The I-130 is what gives you permission to apply for AOS. Without that, you have no basis for AOS. If this were a normal visa process, the USC would file an I-130 for you to come here. Since you're already here, the I-130 is sent along with all the AOS forms and will be adjudicated together. Think of it this way...the I-130 is what the USC spouse fills out to give you permission to AOS. The I-485 and all other forms are what you, the alien fill out to obtain AOS.

Best Wishes,
Rene
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Old Aug 18th 2007, 7:45 pm
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Default Re: K1 visa marry USC need help

Thanks Rene! by the way what is NOA???

Also, what is Supplement A to form I-485? will I need it?

just want to make sure I send them the correct amount, the total for all the forms is $1010?
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Old Aug 18th 2007, 7:50 pm
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Default Re: K1 visa marry USC need help

Originally Posted by Cartoonlover
can you guys explain who need supplement A to form I485? I am confused.
Here's what it says the supplement is for: To provide supplemental information to USCIS on persons seeking to adjust status under the provisions of section 245(i) of the Immigration and Nationality Act.

Since I don't think you are seeking to adjust status under that provision, I doubt this applies to you.

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Old Aug 18th 2007, 7:53 pm
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Default Re: K1 visa marry USC need help

Originally Posted by Cartoonlover
Thanks Rene! by the way what is NOA???

Also, what is Supplement A to form I-485? will I need it?

just want to make sure I send them the correct amount, the total for all the forms is $1010?
NOA = Notice of Action. It's the formal receipt you will get after sending in the AOS package.

Fee for AOS forms = $1,010.00 including biometrics
I-130 fee = $355.00

Total for AOS package = $1,365.00

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Old Aug 19th 2007, 4:32 am
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Default Re: K1 visa marry USC need help

You're the best Rene!

I'll probably have more questions once I start filling out the forms.

thanks.
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Old Aug 19th 2007, 5:09 am
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Default Re: K1 visa marry USC need help

> > Thanks Rene! by the way what is NOA???
> >
> > Also, what is Supplement A to form I-485? will I need it?
> >
> > just want to make sure I send them the correct amount, the total for
> > all the forms is $1010?
>
> NOA = Notice of Action. It's the formal receipt you will get after
> sending in the AOS package.
>
> Fee for AOS forms = $1,010.00 including biometrics
> I-130 fee = $355.00
>
> Total for AOS package = $1,365.00
>
> Rene

If you quit going to school and for some reason your AOS is denied you
will be out of status and will have to leave the country. I will assume
that you are required to pay out of state tution if you are at a state
school. At my school I (also on f1 when I married) was allowed to
petition for in-state tuition based on my husband's residency. Once you
have your marriage certificate you should be able to do that if you
school allows. It will save you a ton of money and you may not have to
take a break

--
 
Old Aug 19th 2007, 5:29 pm
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Default Re: K1 visa marry USC need help

Originally Posted by Peachfaith
> > Thanks Rene! by the way what is NOA???
> >
> > Also, what is Supplement A to form I-485? will I need it?
> >
> > just want to make sure I send them the correct amount, the total for
> > all the forms is $1010?
>
> NOA = Notice of Action. It's the formal receipt you will get after
> sending in the AOS package.
>
> Fee for AOS forms = $1,010.00 including biometrics
> I-130 fee = $355.00
>
> Total for AOS package = $1,365.00
>
> Rene

If you quit going to school and for some reason your AOS is denied you
will be out of status and will have to leave the country. I will assume
that you are required to pay out of state tution if you are at a state
school. At my school I (also on f1 when I married) was allowed to
petition for in-state tuition based on my husband's residency. Once you
have your marriage certificate you should be able to do that if you
school allows. It will save you a ton of money and you may not have to
take a break

--
That's a great idea. I will check with my school to see if they have that option. if they don't, I am not sure what i should do since you brought up a good point.
Thanks-
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Old Aug 19th 2007, 8:35 pm
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Default Re: K1 visa marry USC need help

Hello all,
does anyone know what documents we must bring to the court (to be married)?

Thanks-
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Old Aug 19th 2007, 9:10 pm
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Default Re: K1 visa marry USC need help

Originally Posted by Cartoonlover
Hello all,
does anyone know what documents we must bring to the court (to be married)?

Thanks-
Check online for the requirements in your state. It varies from state to state. Go to www.google.com, and type in "marriage requirements state of _____" whatever yours is.

Rene
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Old Aug 21st 2007, 3:25 am
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Default Re: K1 visa marry USC need help

Does any know once complete the medical exam, how long it takes to have the result back?
Can I mail the form I485 before getting the medical result back?

I just want to see if I can speed up this process (AOS) here.

Thanks,
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Old Aug 21st 2007, 3:31 am
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Default Re: K1 visa marry USC need help

Originally Posted by Cartoonlover
Does any know once complete the medical exam, how long it takes to have the result back?
Can I mail the form I485 before getting the medical result back?
I just want to see if I can speed up this process (AOS) here.
Mine was just a couple of days yours may vary slighty

More haste less speed ..thats how mistakes are made
Send it all as one package ...
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