Changing O1 status after marriage

[Shelly&Jay 0]

My husband is currently working with an O1 visa which is good until July 2009. We got married in July. We know we need to change his status, but are not sure what form we need to fill out. I looked into fiance visa and K1's, but he is already in the states legally and has been here since September 2006.

Can any one point me in the right direction on what form we need to start with?

Thanks,

Shelly & Jay

[payxibka 10,045]

read the adjustment of status guides... you are right as he does not need a visa...

You need the I-130/I-485/I-765 all filed concurrently

Edited August 12, 2008 by fwaguy

[Shelly&Jay 0]

We need to fill out the I-765 for EAD even though he is already working?

Thanks for your suggestions. I had seen both and I-130 & I-485 and thought I could file just 1, but didn't realize we needed to do both.

[payxibka 10,045]

We need to fill out the I-765 for EAD even though he is already working?

Thanks for your suggestions. I had seen both and I-130 & I-485 and thought I could file just 1, but didn't realize we needed to do both.

The I-130 is needed to provide basis for status adjustment because the I-130 established the immediate family relationship. Without you have no documented basis to adjust based on marriage.

I am not certain what happens to his O-1 status when you file the I-485. In some cases upon the filing of the I-485 application, current status changes to "pending" and thus work authorization ceases.

[Shelly&Jay 0]

Is there any way for us to find out if we need to file an I-765 when we file I-130 & I-485? He already has an EAD and a SS#. We would hate for him to stop working. His company would be very mad since they paid for everything for him to come over.

Shelly

[Saddle Bronc 124]

Is there any way for us to find out if we need to file an I-765 when we file I-130 & I-485? He already has an EAD and a SS#. We would hate for him to stop working. His company would be very mad since they paid for everything for him to come over.

Shelly

I've posted (a version of) your question on immigration-information.com, and should be (in the next few days) getting an answer from Ron Gotcher.

(BTW, there is also an alternative to filing entire combination: I-130 only asking for consular process in London)

Edited August 13, 2008 by CherryXS

[Saddle Bronc 124]

O is a dual intent category. You may remain in O status an use that as employment authorization, but if you travel, you must have advance parole and when you re-enter, you must have an EAD.

Edited August 14, 2008 by CherryXS

[Saddle Bronc 124]

Another response from Ron

If an O visa holder wishes to travel while pursuing an immigrant visa through consular processing, that travel will not adversely affect the visa application. Unlike adjustment of status, CP applicants may travel in and out as often as they wish, with any visa appropriate for their entry when they come to the US.

So, that gives you another option--that of filing I-130 only specifying Consular Process in London.

[filirican 3]

We need to fill out the I-765 for EAD even though he is already working?

Thanks for your suggestions. I had seen both and I-130 & I-485 and thought I could file just 1, but didn't realize we needed to do both.

The I-130 is needed to provide basis for status adjustment because the I-130 established the immediate family relationship. Without you have no documented basis to adjust based on marriage.

I am not certain what happens to his O-1 status when you file the I-485. In some cases upon the filing of the I-485 application, current status changes to "pending" and thus work authorization ceases.