F-1 Visa Student Applying for AOS

[Guillermo Martinez Ariza]

Hi,

I am an F-1 Ph.D student from Mexico preparing to apply for AOS (one step) soon. I am getting married with my U.S citizen fiancee in one month (I met her when I came to study and I did not have any intend of immigrating before), but I have a few questions regarding the application. First of all, my F-1 VISA expires on July 2016, while my I-20 expires on May 2017. I entered legally to the country and I have maintained my F-1 status. The last time I enter to the country was on April 04, 2015 (attended a conference in another country).

a) Do we have to wait 60 days from my last entry to get married? or 90 days before applying for AOS?

b) Will I be eligible to work on campus (Research Assistantship) while I receive the employment authorization (I-765)? In other words would I keep my F-1 status after submitting AOS? or I would not be able to work until I receive my work permit?

c) While filling the I-485 they ask me about my current USCIS status, which I think is "F-1 student" am I correct? If so what is the expiration date: the expiration of F-1 VISA, the expiration of the I-20 or D/S that is what it says in the I-94?

d) Am I supposed to have an "A-number"? I cannot find it anywhere

e) Should I wait until I have the medical exam to get vaccinations? or can I get the ones I am missing now?


Thanks in advance for your help and time

[inadmissible]

Congratulations Mr Ariza on your upcoming nuptials.

A. No need to wait. Start preparing your submission packet now so you know what you are missing (eg birth certificate). If you are prepared, you can file as soon as you obtain a certified copy of your marriage certificate.

B. Those are three questions! Once your application is accepted for processing, no you can not work. You can not work until you have the EAD in hand. Once your application is accepted, you retain your F-1 status. You forfeit your F-1 status once you exercise pending-adjustment privileges such as EAD and Advance Parole. In the unlikely event your adjustment of status application is denied, you are left with no valid status. This is not a concern for aliens marrying citizens because their adjustment applications are a slam dunk. But you need to be aware of it so that you are making informed choices in managing your risk. If your marriage collapses before you get your green card, you will have to leave the country and reapply for a new F-1 using a new I-20 issued by your school. On the other hand, if you maintain your F-1 status you can continue with your life even if the adjustment application is withdrawn or denied.

C. F-1 D/S.

D. The Customs and Border Patrol officer who admitted you may have been nice enough to write your A# on the top of your I-94. That is the arrival card that you keep safely clipped to your passport. Otherwise, your schools International Student department has that information in their SEVIS system and their file copy of your I-20. I don't know why they don't print it on your visa sticker, how inconvenient.

E. I don't know. As part of your preparation for assembling your submission packet, figure out which USCIS Designated Civil Surgeon you'll be working with. I pulled up the list through the USCIS website of local doctors, and called them all to get pricing. You need to do that as well, so take that opportunity to ask about the vaccines. My intuition is that they don't care where you get your shots as long as it is documented. I already had all the vaccines needed, but I had to get my mom to track down my childhood pediatrician who went through her clinical records, then wrote up a list of vaccines and dates on her letterhead. The best deal for vaccines may be your school clinic if you're already covered under SHIP.

Do not wait until the last minute to start getting prepared. Everything takes ten times longer than you think it will take. Getting records from back home can be very challenging for some folks.

[Guillermo Martinez Ariza]

Congratulations Mr Ariza on your upcoming nuptials.

A. No need to wait. Start preparing your submission packet now so you know what you are missing (eg birth certificate). If you are prepared, you can file as soon as you obtain a certified copy of your marriage certificate.

B. Those are three questions! Once your application is accepted for processing, no you can not work. You can not work until you have the EAD in hand. Once your application is accepted, you retain your F-1 status. You forfeit your F-1 status once you exercise pending-adjustment privileges such as EAD and Advance Parole. In the unlikely event your adjustment of status application is denied, you are left with no valid status. This is not a concern for aliens marrying citizens because their adjustment applications are a slam dunk. But you need to be aware of it so that you are making informed choices in managing your risk. If your marriage collapses before you get your green card, you will have to leave the country and reapply for a new F-1 using a new I-20 issued by your school. On the other hand, if you maintain your F-1 status you can continue with your life even if the adjustment application is withdrawn or denied.

C. F-1 D/S.

D. The Customs and Border Patrol officer who admitted you may have been nice enough to write your A# on the top of your I-94. That is the arrival card that you keep safely clipped to your passport. Otherwise, your schools International Student department has that information in their SEVIS system and their file copy of your I-20. I don't know why they don't print it on your visa sticker, how inconvenient.

E. I don't know. As part of your preparation for assembling your submission packet, figure out which USCIS Designated Civil Surgeon you'll be working with. I pulled up the list through the USCIS website of local doctors, and called them all to get pricing. You need to do that as well, so take that opportunity to ask about the vaccines. My intuition is that they don't care where you get your shots as long as it is documented. I already had all the vaccines needed, but I had to get my mom to track down my childhood pediatrician who went through her clinical records, then wrote up a list of vaccines and dates on her letterhead. The best deal for vaccines may be your school clinic if you're already covered under SHIP.

Do not wait until the last minute to start getting prepared. Everything takes ten times longer than you think it will take. Getting records from back home can be very challenging for some folks.

Thank you so much for your help!