F1 Student on OPT Married to US Citizen

[TravislovesRachel 0]

Hello, My name is Travis and I married my 1 year girlfriend Rachel back in August of 2009, we both graduated in May of 09 and we started living together in August of that year. I am now a F1 student on OPT which is up on May, 12, 2010 and my wife who lives with me got a almost full ride to go grad school in another State.

Our long term plan is to stay in State we currently live in, as she will only be there for two years, so we decided that while she is at school she will come home every break she gets, I cannot because of three jobs that I currently have to pay our bills but thus far it has been working out.

Our relationship is going very well, I really love her, and now as my OPT is almost up I want to file to become a citizen, I have begun filling out the paper work and will be sending them in on March 10th.

Can some one please help me or tell me what paper work I need so that I will not forget anything and how long the process will take before we can go for our interview and whether or not my May 12th Expiration of OPT will hurt my application?

[Darnell 8,479]

file to become a citizen? what?

why not file for AOS based on marriage to a USC, instead?

click it -> http://www.visajourney.com/forums/index.ph...page=i130guide2

then read it. Read it several times. Get the forms, study them.

When yer ready, file.

IIRC, you can do this AOS filing NOW.

Forget about 'filing to become a citizen', for you, for now.

[TravislovesRachel 0]

file to become a citizen? what?

why not file for AOS based on marriage to a USC, instead?

click it -> http://www.visajourney.com/forums/index.ph...page=i130guide2

then read it. Read it several times. Get the forms, study them.

When yer ready, file.

IIRC, you can do this AOS filing NOW.

Forget about 'filing to become a citizen', for you, for now.

When I meant filling to become a citizen, I meant filling for AOS ,etc

[Darnell 8,479]

Please be precise. Thanks in advance.

It's really helpful, when you are precise, when an old cranky curmudgeon, similar to myself, stumbles into this type o question.

Good Luck !

Edited February 18, 2010 by Darnell

[TravislovesRachel 0]

Please be precise. Thanks in advance.

It's really helpful, when you are precise, when an old cranky curmudgeon, similar to myself, stumbles into this type o question.

Good Luck !

Ok sorry, I have one more question. When filling the Affidavit of Support, as an F1 student on OPT can I be the sponsor since my wife is in school still?

[Kathryn41 3,205]

Duplicate thread removed.

Moderator Hat off:

TravislovesRachel,

Congratulations on how well things are going for you, however, you are not eligible to become a US citizen. You need to become a permanent resident first and after being a permanent resident for 3 years you can apply for Citizenship. The way you become a permanent resident is through your US citizen wife. She must file an I-130 petition requesting permission for you - a family member - to apply to become an immigrant. At the same time, you complete and file an I-485 Application to Adjust Status from F1 student to Permanent Resident. You should also apply for the I-131 Travel Document (also known as Advanced Parole) which will allow you to leave and return to the US while your application is being processed, and an I-765 Employment Authorization which will allow you to work if you wish while waiting for your application to be processed. Your wife also needs to complete an I-864 Affidavit of Support verifying she earns at least 125% of the poverty level and can support you - or else get a co-sponsor who does make enough money and agrees to assist you in becoming a Permanent Resident. Once filed, you will receive an appointment to have biometrics (fingerprint and photograph) taken, and most likely have to attend a interview (with your wife) with US immigration. Once approved, you will receive a 2 year conditional green card. The condition is that after 2 years (less 90 days) you need to file another application (I-751 Removal of Conditions) proving your marriage is a real marriage and not for immigration benefits. The following year, as long as you are still married and living with your wife, you are allowed to apply for citizenship.

You should file for the AOS before your OPT status expires. When you file, your status will still be legal as an 'AOS applicant' and will remain so until you have a decision. The decision can take anywhere from 2 to 3 months to 2 to 3 years.

Unfortunately, it is not very straightforward to become a US citizen nor to have permission to live in the US. It will take time, money and a lot of paperwork.

My advice is to read everything you can starting with the Guides at the top of the page on this website. Good Luck.

Edited to add: If you have a source of American based income that will continue after you become a permanent resident and it meets the 125% poverty level for a 2 person household you should be able to self-sponsor. You should read over the various forms at http://www.uscis.gov website - click on forms and then scroll down until you find the correct number of each form. Read over the forms and the instructions and it will give you a good idea of what you have to do.

Edited February 18, 2010 by Kathryn41

[Otto 83]

It's really helpful, when you are precise, when an old cranky curmudgeon, similar to myself, stumbles into this type o question.

[TravislovesRachel 0]

Thank You Very much for explaining this in great detail, I have been using the guides and continue to use them, I have one more question.

When filling the Affidavit of Support, as an F1 student on OPT can I be the sponsor since my wife is in school still? I currently make enough money to be over 125% above the poverty line.

[EstebanTrabajos 7]

Thank You Very much for explaining this in great detail, I have been using the guides and continue to use them, I have one more question.

When filling the Affidavit of Support, as an F1 student on OPT can I be the sponsor since my wife is in school still? I currently make enough money to be over 125% above the poverty line.

I don't see why not, I would add a statement explaining this situation just to make sure USCIS understands and even if she is still earning some money add her W-2's and prior both your 1040s.

[TravislovesRachel 0]

Thank You so very much for your help and support guys, another question that I have is, Do I need to file an I-130 if I am on OPT as and F1 student in the country?

[Kathryn41 3,205]

Your wife needs to file the I-130 petition, yes. It is to provide proof of the relationship that is the basis for your request to adjust status - you need grounds upon which to adjust status, and the I-130 petition provides those grounds. It needs to be filed first or at the same time as the I-485 as the I-485 will not be processed until the I-130 is approved. (Best to file jointly).