Family based immigration
Jul 17th 2003, 8:28 pm
#1
Guest
Posts: n/a
Family based immigration
I am the beneficiary of an approved F1 (family preference category
1—unmarried sons and daughters of U.S. citizen) petition. I am
currently in the U.S. on an H-1 visa, and would like to adjust my
status (the priority date for the F1 petition is now current). My
questions are:
1. I live in a different city/district then where the petition was
filed and where the petitioner lives. Does the AOS have to be filed in
the same district as the original petition?
2. If I get married after I send in my AOS documents, but before it is
approved (which could take more than a year), will my (to be) spouse
be eligible to adjust status or apply for an immigrant visa or adjust
status?
1—unmarried sons and daughters of U.S. citizen) petition. I am
currently in the U.S. on an H-1 visa, and would like to adjust my
status (the priority date for the F1 petition is now current). My
questions are:
1. I live in a different city/district then where the petition was
filed and where the petitioner lives. Does the AOS have to be filed in
the same district as the original petition?
2. If I get married after I send in my AOS documents, but before it is
approved (which could take more than a year), will my (to be) spouse
be eligible to adjust status or apply for an immigrant visa or adjust
status?
Jul 18th 2003, 12:39 am
#2
Guest
Posts: n/a
Re: Family based immigration
"z.k." wrote in message
news:[email protected]...
> I am the beneficiary of an approved F1 (family preference category
> 1-unmarried sons and daughters of U.S. citizen) petition. I am
> currently in the U.S. on an H-1 visa, and would like to adjust my
> status (the priority date for the F1 petition is now current). My
> questions are:
> 1. I live in a different city/district then where the petition was
> filed and where the petitioner lives. Does the AOS have to be filed in
> the same district as the original petition?
No. The I-485 must be filed in the BCIS district in which you reside. If
you move to a different district, you must actually get the I-485
transferred (a pain in the neck).
> 2. If I get married after I send in my AOS documents, but before it is
> approved (which could take more than a year), will my (to be) spouse
> be eligible to adjust status or apply for an immigrant visa or adjust
> status?
It depends. On the day of your marriage, your category is converted
automatically, by operation of law, to Family 3, married son or daughter of
a U.S. citizen. If the category is still current, your wife can file an
I-485 immediately as following to join. If it is not current, then she will
have to wait. She has to be careful not to violate her temporary status, or
she will lose her eligibility to file Form I-485.
By the way, I believe your I-485 will keep on going for you under those
circumstances. It will not be cancelled, but will remain pending until your
priority date becomes current in Family 3.
news:[email protected]...
> I am the beneficiary of an approved F1 (family preference category
> 1-unmarried sons and daughters of U.S. citizen) petition. I am
> currently in the U.S. on an H-1 visa, and would like to adjust my
> status (the priority date for the F1 petition is now current). My
> questions are:
> 1. I live in a different city/district then where the petition was
> filed and where the petitioner lives. Does the AOS have to be filed in
> the same district as the original petition?
No. The I-485 must be filed in the BCIS district in which you reside. If
you move to a different district, you must actually get the I-485
transferred (a pain in the neck).
> 2. If I get married after I send in my AOS documents, but before it is
> approved (which could take more than a year), will my (to be) spouse
> be eligible to adjust status or apply for an immigrant visa or adjust
> status?
It depends. On the day of your marriage, your category is converted
automatically, by operation of law, to Family 3, married son or daughter of
a U.S. citizen. If the category is still current, your wife can file an
I-485 immediately as following to join. If it is not current, then she will
have to wait. She has to be careful not to violate her temporary status, or
she will lose her eligibility to file Form I-485.
By the way, I believe your I-485 will keep on going for you under those
circumstances. It will not be cancelled, but will remain pending until your
priority date becomes current in Family 3.
