AOS Marrying US Citizen while on OPT

[boothyuk123 0]

I am from England but for the last 4 years I have been in USA on a F1 Student visa. I applied for OPT and was granted in August 2010 and will expire in August 2011. I am working at a university where I graduated from and everything is fine with that. I met my fiancee in 2008 who is from USA and we are getting married on February 25, 2011. I am trying to get all my paperwork together now while I am at home for the Christmas holidays so that everything can be sent off after 02/25/11 when we get married.

I have a couple of questions.

1. Given that my OPT doesn't expire until Aug 8, 2011 will I still be able to continue in my current position while the AOS takes place? I am filing my paperwork for the new EAD (I-765) and presume that I need to put "Permission to accept employment" as the reason for applying but also include all my information from my OPT EAD card on that form.

2. I have completed the I-131 application for travel document because we are planning on taking a honeymoon for a few days back in England so that we can visit with my family. I have gone ahead and completed this form but stated "various trips" on the date of intended departure and then also I am enclosing a brief letter that outlines our plans to go to England for 5-7 days to visit with family. Will this be ok?

Is there anything else that I need to be aware of when going through this process? I don't want to pay the fees of an attorney if I can get everything done myself, I have the I-485 waiting to be completed and my fiancee is going to complete her I-864, I-130 and G-325A (along with one I am completing).

Any advice on my questions would be appreciated.

Thanks.

[canadian_wife 1,829]

Your OPT should still be good for work, especially since it is with the university you graduated with, check with your DSO for verification

Also DO NOT travel if you are married and have filed the petition until you get your Advanced Parole travel document, this will abandon your adjustment of status from F-1 student to permenant resdient

Good luck and follow the guides

http://www.visajourney.com/content/i130guide2

[boothyuk123 0]

Your OPT should still be good for work, especially since it is with the university you graduated with, check with your DSO for verification

Also DO NOT travel if you are married and have filed the petition until you get your Advanced Parole travel document, this will abandon your adjustment of status from F-1 student to permenant resdient

Good luck and follow the guides

http://www.visajourney.com/content/i130guide2

Thanks for the information! We are not planning on travelling until next Christmas, 2011 actually but if I can receive my advanced parole documentation through earlier it would allow us to go on a honeymoon somewhere. I just want to make sure everything is done above board and we are doing things correctly.

[YuAndDan 153]

Keep in mind do NOT share evidence, each form needs it's own set of evidence.. for example you need to provide two G-325A one for the I-130 and another for the I-485. Each form that needs passport photos needs it's own set.

Treat them as if being sent separately, Use clips or rubber-bands to bundle each as separate, the place in same envelope, send to address for I-485..

Lastly yes, do not leave USA without AP doc from the I-131, doing so will cause I-485 to be abandoned.

[boothyuk123 0]

Keep in mind do NOT share evidence, each form needs it's own set of evidence.. for example you need to provide two G-325A one for the I-130 and another for the I-485. Each form that needs passport photos needs it's own set.

Treat them as if being sent separately, Use clips or rubber-bands to bundle each as separate, the place in same envelope, send to address for I-485..

Lastly yes, do not leave USA without AP doc from the I-131, doing so will cause I-485 to be abandoned.

Thanks, that's good information as well!! I went to the USCIS office in Memphis for an InfoPass appointment in September and they gave me all the paperwork that my fiancee and I needed to complete, including two G-325A's (one for each of us). Do we need to send in two separate checks, one for each of us or can we include them in the same one?

Also, on the I-765 I am going to state "Permission to Accept Employment" as my reason even though I am on F1 post-completion OPT. Is this correct? Do I need to send in the original EAD card that I have with this application?

Thanks.

[YuAndDan 153]

TWO Checks, one for I-130 and another for I-485.

[boothyuk123 0]

Also, on the I-765 I am going to state "Permission to Accept Employment" as my reason even though I am on F1 post-completion OPT. Is this correct? Do I need to send in the original EAD card that I have with this application?

Thanks.

Thanks! Anyone any ideas on my second question regarding I-765?

[YuAndDan 153]

Thanks! Anyone any ideas on my second question regarding I-765?

I would keep the card and send a photo copy of original card.

Note you are employment auth based on your status, you are simply applying to change EAD basis to based on pending I-485.

[boothyuk123 0]

I would keep the card and send a photo copy of original card.

Note you are employment auth based on your status, you are simply applying to change EAD basis to based on pending I-485.

Regarding your comment "you are simply applying to change EAD basis to based on pending I-485" I am assuming the USCIS will realize this when they check my file and the paperwork that I send in. I read somewhere that I need to put "Permission to accept employment" rather than "renewal of my permission to accept employment" because my AOS means I am not actually renewing my EAD on OPT rather I am applying for a new EAD on a different status. Is this correct?

[YuAndDan 153]

Regarding your comment "you are simply applying to change EAD basis to based on pending I-485" I am assuming the USCIS will realize this when they check my file and the paperwork that I send in. I read somewhere that I need to put "Permission to accept employment" rather than "renewal of my permission to accept employment" because my AOS means I am not actually renewing my EAD on OPT rather I am applying for a new EAD on a different status. Is this correct?

Yes you are applying for a new EAD based on pending I-485, this is a no cost EAD.

[boothyuk123 0]

Yes you are applying for a new EAD based on pending I-485, this is a no cost EAD.

Thank you! I appreciate all your advice, I am sure as it gets nearer the time I will have more questions as I try and complete all this paperwork.

[ogardiner10 0]

I am from England but for the last 4 years I have been in USA on a F1 Student visa. I applied for OPT and was granted in August 2010 and will expire in August 2011. I am working at a university where I graduated from and everything is fine with that. I met my fiancee in 2008 who is from USA and we are getting married on February 25, 2011. I am trying to get all my paperwork together now while I am at home for the Christmas holidays so that everything can be sent off after 02/25/11 when we get married.

I have a couple of questions.

1. Given that my OPT doesn't expire until Aug 8, 2011 will I still be able to continue in my current position while the AOS takes place? I am filing my paperwork for the new EAD (I-765) and presume that I need to put "Permission to accept employment" as the reason for applying but also include all my information from my OPT EAD card on that form.

2. I have completed the I-131 application for travel document because we are planning on taking a honeymoon for a few days back in England so that we can visit with my family. I have gone ahead and completed this form but stated "various trips" on the date of intended departure and then also I am enclosing a brief letter that outlines our plans to go to England for 5-7 days to visit with family. Will this be ok?

Is there anything else that I need to be aware of when going through this process? I don't want to pay the fees of an attorney if I can get everything done myself, I have the I-485 waiting to be completed and my fiancee is going to complete her I-864, I-130 and G-325A (along with one I am completing).

Any advice on my questions would be appreciated.

Thanks.

honestly you dont need an attorney to do this process, although everyone situation is unique. im new to this site but if there is a way you can private message me, i'll be glad to assist. i dont want to post my phone number on the forum. so send me a reply,

[w1331 2]

I am from England but for the last 4 years I have been in USA on a F1 Student visa. I applied for OPT and was granted in August 2010 and will expire in August 2011. I am working at a university where I graduated from and everything is fine with that. I met my fiancee in 2008 who is from USA and we are getting married on February 25, 2011. I am trying to get all my paperwork together now while I am at home for the Christmas holidays so that everything can be sent off after 02/25/11 when we get married.

I have a couple of questions.

1. Given that my OPT doesn't expire until Aug 8, 2011 will I still be able to continue in my current position while the AOS takes place? I am filing my paperwork for the new EAD (I-765) and presume that I need to put "Permission to accept employment" as the reason for applying but also include all my information from my OPT EAD card on that form.

2. I have completed the I-131 application for travel document because we are planning on taking a honeymoon for a few days back in England so that we can visit with my family. I have gone ahead and completed this form but stated "various trips" on the date of intended departure and then also I am enclosing a brief letter that outlines our plans to go to England for 5-7 days to visit with family. Will this be ok?

Is there anything else that I need to be aware of when going through this process? I don't want to pay the fees of an attorney if I can get everything done myself, I have the I-485 waiting to be completed and my fiancee is going to complete her I-864, I-130 and G-325A (along with one I am completing).

Any advice on my questions would be appreciated.

Thanks.

Hi,

You can work with your current OPT EAD, but after it's expired on August 8, 2011 you won't be able to work until you receive your permanent resident card.

You can apply for EAD (form I-765) based on AOS. With this EAD, you'll be able to continue working while waiting your AOS is processed.

To get the EAD, you need to pay (check on USCIS website for current I-765 fee). What YuAndDan said about a no cost EAD was not right. You still need to pay because the EAD you're trying to get is based on AOS (the current OPT EAD you have is based on your completion of your study).

I hope this helps

[Harpa Timsah 13,258]

Hi,

You can work with your current OPT EAD, but after it's expired on August 8, 2011 you won't be able to work until you receive your permanent resident card.

You can apply for EAD (form I-765) based on AOS. With this EAD, you'll be able to continue working while waiting your AOS is processed.

To get the EAD, you need to pay (check on USCIS website for current I-765 fee). What YuAndDan said about a no cost EAD was not right. You still need to pay because the EAD you're trying to get is based on AOS (the current OPT EAD you have is based on your completion of your study).

I hope this helps

No, the cost of filing I-765 to get an EAD based on AOS is free when filed in conjunction with a I-485. Yu and Dan is correct.

[boothyuk123 0]

No, the cost of filing I-765 to get an EAD based on AOS is free when filed in conjunction with a I-485. Yu and Dan is correct.

The way I interpret the forms, the fee of $1070 for the I-485 includes that along with additional forms I-765 and I-131 which I will file at the same time. Aside from this, my fiancee will have to do a check for $420 for the I-130 which she will file for me (alien relative). We will do these and put them in the same envelope.

Am I correct?