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klm9971

F1 VISA (currently on OPT) marrying a US Citizen

By klm9971 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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klm9971 Enthusiast

klm9971   5

Posted
Filed: Citizen (pnd) Country: Germany
 Timeline
Posted (edited)

Hello All,

Here is my situation: I am a F1 student VISA holder (graduated on Dec 2009 from US university), currently on OPT period till Feb 2011. I am planning to get married to a US citizen in coming month.

I have my OPT EAD card from USCIS which is valid till Feb 2011, SSN, Drivers License #. My questions are:

1. If I marry her can I renew my EAD card solely based on my marriage certificate for another year? And afterwards I can apply for Green Card (like 2-3 months later).

2. What can my best bet here? Filling AOS or applying for EAD or Green Card?

I don't have a job right now, but soon will be getting one. My GF is working part time. Thank You all in advance!

-Raj

Edited by Raj9971

11/22/12 = Filed I-751 to remove conditions

11/30/12 = Got NOA1 (I-797C)

12/23/12 = Got the bio-metrics done (USCIS Status: Pending)

Waiting...

Winonan Explorer

Winonan   3

Posted
Filed: AOS (apr) Timeline
Posted

Hello All,

Here is my situation: I am a F1 student VISA holder (graduated on Dec 2009 from US university), currently on OPT period till Feb 2011. I am planning to get married to a US citizen in coming month.

I have my OPT EAD card from USCIS which is valid till Feb 2011, SSN, Drivers License #. My questions are:

1. If I marry her can I renew my EAD card solely based on my marriage certificate for another year? And afterwards I can apply for Green Card (like 2-3 months later).

No you can't. You have to file for AOS which is filling for green card and EAD. You need forms I-130, I-485, I-785. You will most likely get your EAD like a week or two before your Green card interview. Once you get your GC your EAD is invalid. This process takes on average 3 months from the time you apply and get the GC. It will also cost over $1500 (including your full medical).

2. What can my best bet here? Filling AOS or applying for EAD or Green Card?

See above.

I don't have a job right now, but soon will be getting one. My GF is working part time. Thank You all in advance!

Once you apply for AOS, your current EAD is invalid so I believe you cannot work using that. Also you will need to find a co-sponsor as it looks like your gf does not make enough to be able to sponsor you.

-Raj

AOS Timeline from F1

Sent AOS on April 17

Received and signed on April 19

Got 3 NOAs April 26

Biometrics Appointment Letter received May 1 - dated May 26

Walk-in biometrics rejected May 12

Biometrics Appointment May 26

Interview letter received June 11 - for July 19 APPROVED

EAD Received July 9

GC RECEIVED August 2

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

Hello All,

Here is my situation: I am a F1 student VISA holder (graduated on Dec 2009 from US university), currently on OPT period till Feb 2011. I am planning to get married to a US citizen in coming month.

I have my OPT EAD card from USCIS which is valid till Feb 2011, SSN, Drivers License #. My questions are:

1. If I marry her can I renew my EAD card solely based on my marriage certificate for another year? And afterwards I can apply for Green Card (like 2-3 months later).

You would renew based on the 485 you would send in for the AOS.

2. What can my best bet here? Filling AOS or applying for EAD or Green Card?

File AOS - renew your EAD.

I don't have a job right now, but soon will be getting one. My GF is working part time. Thank You all in advance!

-Raj

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

klm9971 Enthusiast

klm9971   5

Posted
Filed: Citizen (pnd) Country: Germany
 Timeline
  • Author
Posted

Okay, so that means can I file I-765 and get my OPT EAD Card renewed just based on my marriage certificate? Is that possible?

Secondly: Is there is any difference in AOS and EAD?

11/22/12 = Filed I-751 to remove conditions

11/30/12 = Got NOA1 (I-797C)

12/23/12 = Got the bio-metrics done (USCIS Status: Pending)

Waiting...

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

Okay, so that means can I file I-765 and get my OPT EAD Card renewed just based on my marriage certificate? Is that possible?

Secondly: Is there is any difference in AOS and EAD?

No - it means you would file for the AOS and get the EAD through that means. (you would be filing under C-9). (I wasn't clear in my other post - you won't be filing for a renewal on your existing EAD, since you are no longer filing under that category (Student)). If you are still a student, you could renew under that category.

AOS = adjustment of status

EAD = employment authorization document.

You would be filing due to the AOS (marriage to an USC) and the EAD is "free" when filed in conjunction with the AOS. Usually, you will get the EAD before the greencard, but in some cases, you get the two within days of each other.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

  • 4 years later...
moni12 Newbie

moni12   0

Posted
Filed: Timeline
Posted

Hi all,

I have a question for you. I am on OPT as of now, which expires in Dec 10, 2014, If I apply for my OPT extension now, I will get 17 more months on OPT. But the twist is, me and my US citizen Girlfriend are deciding to get married this month(Sep 2014). I am confused if I should apply for green card or OPT extension. Because I work with a company and dont want to stop working for them as I feel I will be out of status after Dec 10 and wont be able to receive my green card or EAD before that. Please help

 
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