F1 student Urgent help with EAD, OPT or AOS ? need EAD ASAP

[panteraboy 0]

Hello, I am new to this forum and all I can say is, this site and members here are out-of-this-world helpful. Thanks in advance.

Situation and Time line Overview:

- F1 student graduating in May 2011.

- Court Marriage with US Citizen girlfriend of 3 years on March 7th, 2011.

- Job Offer from a company that DOES NOT Sponsor, June 16th, 2011. But, after talking to a friend of mine there, he said as long as I show I am legal to work and have Green Card in process, I should be fine.

- Most of my paper work are almost all set except Marriage Certificate of course.

Problem :

- We can only afford to marry and live together if I can get a valid EAD in time for my job on June 16th. I really cannot lose this opportunity.

Questions:

1) Should I apply for OPT to get my EAD on time from school or Should I apply for I-485, I-130 and I-765 (EAD) altogether based on Marriage ?

2) If I apply for OPT it would be coming week possibly March 2nd. If I apply for AOS w/ EAD, it would be the day of marriage "March 7th" when I expect to get the certificate the same day based on NYC Office of the City Clerk website.

3)Lawyer told me to apply for OPT and later apply for AOS. But a lot people here at visajourney while being in F1 applied for the whole AOS package w/ EAD. Which one would be "faster?" Typically I understand both take up to 90 days.

[Harpa Timsah 13,258]

I don't know how long an OPT EAD takes (if 90 days then the time is the same as a AOS EAD), but I can tell you this.

If you have a job offer in hand, you can request an expedite of your EAD. It is not guaranteed that you would get it, but people are usually more successful if they have proof they have a real job offer, rather than just "I want to look for a job."

Even without expedite, I happen to think you would have it by mid-June, but it would be nerve-wracking waiting for the approval countdown. Good luck.

[panteraboy 0]

I don't know how long an OPT EAD takes (if 90 days then the time is the same as a AOS EAD), but I can tell you this.

If you have a job offer in hand, you can request an expedite of your EAD. It is not guaranteed that you would get it, but people are usually more successful if they have proof they have a real job offer, rather than just "I want to look for a job."

Even without expedite, I happen to think you would have it by mid-June, but it would be nerve-wracking waiting for the approval countdown. Good luck.

I would ask for Expediting the procedure but I thought in my infinite wisdom that IF I apply through AOS for EAD, they would suspect the "bona fides" of the marriage.

May be if I decide to go for OPT EAD, I can ask for expedite based on my job offer.

[Harpa Timsah 13,258]

WHy would they suspect the bona fides of your marriage?

EAD is routinely approved for a pending I-485. It's meant as a temporary measure - once you get the GC, you no longer need the EAD because GC gives you those rights.

If you are worried they would suspect the bona fides of your marriage and deny your GC once you have your interview, then I don't know what to say. Good luck.

[panteraboy 0]

WHy would they suspect the bona fides of your marriage?

EAD is routinely approved for a pending I-485. It's meant as a temporary measure - once you get the GC, you no longer need the EAD because GC gives you those rights.

If you are worried they would suspect the bona fides of your marriage and deny your GC once you have your interview, then I don't know what to say. Good luck.

No, I am very confident of the interview. I was not sure if the "denial" procedure happens prior to interview. Else, I have more than enough resources to prove bonafide of the marriage. I am just being cautious.

Thank you.

[Harpa Timsah 13,258]

Ahh, I see.

Like I said, the EAD is routinely approved. I have never heard of anyone being denied an EAD based on pending AOS (unless their paperwork has the wrong code or something - the code is C9).

You will definitely get an interview - they won't deny you before then. If your marriage is real and you aren't inadmissible or have something else going on, then you will be approved. Good luck!

[panteraboy 0]

How can EAD be expedited ? I have read here of someone in a situation closely resembling mine here

http://forums.immigration.com/showthread.php?318743-I765-EAD-expedite-question-quot-urgent-need-quot

that they were denied just because they expedited based on job offer and "extreme need." But, someone suggested to go with the congressman's office route. I have also read in another forum here on visajourney that members tried on their own to expedite but were denied so went the congressman's office route. Is that the way ?

[Harpa Timsah 13,258]

To expedite, you call and ask for it. They take down your reasons and then get back to you in 24 hours or something. You can get a congressperson involved at any time, but I would think you should try on your own at first (I don't know though - just opinion on that).

There have been people on this board who have gotten it approved by showing that they had a firm job offer in hand, as a part of their evidence. A lot less people actually (maybe none) got approved by saying they needed to work by a certain date. I am not sure the poster in your link actually expressed to them that they had a firm offer in hand and would lose it without the EAD... maybe s/he did, maybe not.

Hope that helps.

[Little_My 464]

OPT takes between 1 to 3 months from when you submit the application for employment authorization, depending on what time during spring you submit. The only thing is, that the 12 month clock (length of OPT) starts running from the date the application is approved - not from the date your employment starts. So, if your OPT was approved on 1st of May, that's where USCIS starts counting down to 12 months, whether or not you actually start working on that day.

The other issue is, that since OPT is a continuance of your F-1, there is still the requirement of non-immigrant intent - so, you definitely could not get married before filing for OPT and getting that approved, otherwise your non-immigrant intent is out the window. But, through OPT, you'll definitely have the EAD by June 16th.

We were in the exact same position - I am currently an F-1, graduating in May, and we had to choose whether to go the OPT route or marriage route. Since we've been planning a wedding for summer 2011 for the past year, and also per advice from an immigration lawyer, we decided to go straight for the GC. We got married at city hall couple of weeks ago, and are about to send our I-130 and I-485 applications on Monday.

From what I have understood from this forum and other sources, the average processing time for this type of an application (I-130 and AOS) is around 4 months. Of course it can be longer, or if you get an RFE it can delay your application, but as people before me also noted, EAD should come in time. Of course, the sooner you guys get married, the better. You should try to file as soon as possible. I think everyone applies for EAD when submitting an I-485 application, that isn't seen as "suspicious" on its own, if there is no other reason to suspect your relationship.

[panteraboy 0]

OPT takes between 1 to 3 months from when you submit the application for employment authorization, depending on what time during spring you submit. The only thing is, that the 12 month clock (length of OPT) starts running from the date the application is approved - not from the date your employment starts. So, if your OPT was approved on 1st of May, that's where USCIS starts counting down to 12 months, whether or not you actually start working on that day.

The other issue is, that since OPT is a continuance of your F-1, there is still the requirement of non-immigrant intent - so, you definitely could not get married before filing for OPT and getting that approved, otherwise your non-immigrant intent is out the window. But, through OPT, you'll definitely have the EAD by June 16th.

We were in the exact same position - I am currently an F-1, graduating in May, and we had to choose whether to go the OPT route or marriage route. Since we've been planning a wedding for summer 2011 for the past year, and also per advice from an immigration lawyer, we decided to go straight for the GC. We got married at city hall couple of weeks ago, and are about to send our I-130 and I-485 applications on Monday.

From what I have understood from this forum and other sources, the average processing time for this type of an application (I-130 and AOS) is around 4 months. Of course it can be longer, or if you get an RFE it can delay your application, but as people before me also noted, EAD should come in time. Of course, the sooner you guys get married, the better. You should try to file as soon as possible. I think everyone applies for EAD when submitting an I-485 application, that isn't seen as "suspicious" on its own, if there is no other reason to suspect your relationship.

Thank you Mrs. Finland. So, you got married at the City Hall in Manhattan ? If so, when did you guys get your Marriage Certificate, at the end of the ceremony or it took longer ? I plan on submitting all my documents to USCIS the very day. I have already prepared most of my stuff right now.

Edited February 27, 2011 by NYC4Life

[Harpa Timsah 13,258]

Thank you Mrs. Finland. So, you got married at the City Hall in Manhattan ? If so, when did you guys get your Marriage Certificate, at the end of the ceremony or it took longer ? I plan on submitting all my documents to USCIS the very day. I have already prepared most of my stuff right now.

I already told you in your other thread that you get it right after the ceremony...

[panteraboy 0]

I already told you in your other thread that you get it right after the ceremony...

yea..I summarized it on the other thread. You've been so helpful, prompt and incisive with your empirical advices. Thank you. Everything has been so stressful happening all at once, and i just like getting multiple opinions to fulfill this ravenous anxiety....

[Little_My 464]

You get the marriage certificate immediately after the ceremony. However, when we were getting our license (which you need to obtain earlier, before the ceremony), there was a woman in front of us who was there asking for her marriage certificate. They had gotten married three weeks earlier, but for some reason had not been given the marriage certificate after the ceremony, and were told that they'd get it in the mail in a few days, which didn't happen.. So, be sure to get it after the ceremony.

Remember that the copies of the marriage certificate do need to be notarized, though other copies don't. If you are submitting the same applications we are (concurrent filing of I-130 and I-485) you will need two notarized copies of the marriage certificate.

[panteraboy 0]

You get the marriage certificate immediately after the ceremony. However, when we were getting our license (which you need to obtain earlier, before the ceremony), there was a woman in front of us who was there asking for her marriage certificate. They had gotten married three weeks earlier, but for some reason had not been given the marriage certificate after the ceremony, and were told that they'd get it in the mail in a few days, which didn't happen.. So, be sure to get it after the ceremony.

Remember that the copies of the marriage certificate do need to be notarized, though other copies don't. If you are submitting the same applications we are (concurrent filing of I-130 and I-485) you will need two notarized copies of the marriage certificate.

I have a discussion regarding marriage certificate in this other thread: http://www.visajourney.com/forums/topic/297544-what-is-certificate-of-marriage-registration/page__pid__4505637#entry4505637

where, a lot of members have explicitly stated that all I need to submit for the I-485 and I-130 package application is a PHOTO COPY of the Marriage Certificate that I would receive at the end of the ceremony. Why did you get the copies (as in photo copies ?) notarized ? The instruction says just a copy....

[Little_My 464]

I've just noticed that same thread. Maybe they don't need to be notarized.. We consulted an immigration lawyer earlier (via email, which she did not charge for) and she advised us to notarize the copy of the marriage certificate. But it looks like that is not actually required.. so I guess just a photo copy is fine for the application.

Affidavits from third parties need to be notarized, correct?