AOS Marrying US Citizen while on OPT

[Harpa Timsah 13,258]

Yep! Good luck!

[ontherocks 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.

Hi. I face a similar situation to yours. I was on OPT (expires July 2011) when I filed for my AOS two months ago. I received a job offer on campus last month but found out from the university's counsel that my OPT is voided when I filed for AOS. I can't work at all now until I get the EAD based on AOS. Perhaps your campus is more lenient for still letting you use your OPT even when you've applied for AOS?

Edited January 1, 2011 by ontherocks

[YuAndDan 153]

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?

Correct.

Note. I-765 needs #16 marked (c )(6 ) based on pending I-485. If sending it later you attach a copy of I-485 NOA 1 receipt letter.