Some help please? (EAD, AOS, and Green Card Related)

[mystickal 8]

I currently have an EAD card (from being an F-1 student with OPT) and am working, which expires on May 26th of this year. Me and my fiance(US Citizen) will marry next week. My question is, what forms do I have to fill out to adjust my status. I know the I-485 is a must. But what about the I-130 form and do I need to fill another I-765 form to possibly renew my EAD card for another year? What is the best way to go about this? I'm just afraid that I won't be able to get a new work permit or EAD card before my current one expires. How long does the I-485 take to process? Do I get a work permit once it's processed or? Any suggestions?

I am also curious about the I-864 (Affidavit of Support) form. What is the income/salary that the USCIS is looking for as far as being able to support oneself?

Edited February 28, 2011 by mystickal

[YuAndDan 153]

This not a family based AOS as in AOS from a K-1 fiancee visa. Moving this to AOS from Work/STUDENT/Tourist visa forum...

You need to base AOS on something that allows adjustment from, so yes an I-130 and fee is needed.

I would file an I-765 for AOS based EAD.

Also file an I-131 for an AP doc, a valid F-1 visa will not protect a pending AOS application form being cancled if you trafel without an AP doc.

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

[Little_My 464]

You need to file the I-130, Petition for Alien Relative, which your USC spouse fills out, the I-485 which you fill out, I-131 for advance parole which gives you permission to travel and return to the U.S. while your GC application is being reviewed, and I-765 form to renew your EAD.

Form what I have gathered from this forum, the average processing time for this whole process is currently around 4 months. EAD comes before GC, but how much before, I can't say (don't know if someone has experience on that..)

You should start gathering all the necessary supporting documents together now, so that once you guys are married and have your certificate you are all ready to file. Getting all the documents in order takes a while - I would start by getting an appointment with a civil surgeon for the medical exam that is required. Getting that done will prob take form 1 to 2 weeks. You will need your birth certificate, which you might need to get from your home country and that can also take some time.

The guides here are very good, as are the instructions for each specific form that you can find both here and on USCIS site. The income guidelines are also on USCIS site.