F1, AOS, Marriage to US Citizen

[FCBarca]

What is the name of your state? New York


Hi

I had a couple of questions about filing for AOS for my wife (I am a US Citizen)...We're filing ourselves but came across a few questions/hurdles that we sought some guidance on...Any help would be greatly appreciated.


We're filing:

I-485
I-130
I-693
G-325A
I-864



My wife has been studying here in the US regularly on her F1 visa (recently got married) for 2 years now and returns to Switzerland about once a year (Updating her I-94).

First question, we plan to visit Switzerland this summer and we were currently hoping to have our AOS application in before the July 29th deadline for fee raises but we had planned to go overseas during the initial phase of the process...Instead, we decided to wait until we returned to file for the AOS...Upon returning to the US, what happens with her F1 visa?...She still has 2 years of schooling left...Are there some changes that need to be made?...We would've filed for the I-131 but the AP would take too long to receive before we left.

Second question, somewhere else I heard that with an F-1 visa there is a 30-6-90 rule about when you can apply for AOS upon entering on an F-1...Is this true?...I called the USCIS and they denied this being the case.


Thanks

 

[evcalyptos]

...
Second question, somewhere else I heard that with an F-1 visa there is a 30-6-90 rule about when you can apply for AOS upon entering on an F-1...Is this true?...I called the USCIS and they denied this being the case.


Thanks

The 30-60-90 day 'rule' is the source of great argument. The question you REALLY want to know is what does YOUR local office think of it. You won't be able to find that out until you are at their desk, awaiting your fate at your interview.

The more important question is, what about the illegal immigrant intent of your F-1 when she re-enters the US on her student visa?

You should really consult with a lawyer in private about the particulars of your case. Including the information about your wife's future studies.

 

[ImmigAttyLana]

If you file for her adjustment of status and leave the US before she receives the advance parole travel document, she is considered to have abandoned the AOS process and you'd have to start all over again. She CANNOT travel on a F-1 visa once the AOS has been filed as it does not permit one to have immigrant intent and there is clear immigrant intent when you file the AOS. So, either you postpone the filing of the AOS until after you return to the US from your trip and incur the higher filing fees or you postpone your trip abroad until after she gets the advance parole travel document, which can take up to 90 days to receive.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.