OPT visa to 1-485 adjustment of status

[meganandrocco 0]

Hello all,

I have been reading this site all day and i have found nothing that is like my situation so I am hoping for some help! I am a Canadian citizen who traveled to Korea for two years and met my now husband, who is American.When we got back I attended university in the USA. My husband and I married feb of 2010. I was on a student visa and my program was 1.5 years. At the end of my program I applied for the OPT program which was accepted I got an EAD and I have been working as a substitute teacher and summer camp instructor since. My opt is up in February. So my question is this: I want to apply for an adjustment of status using forms (i-485, i-130, i-131, i-864, g-325, i-765 and g-1145). Can I still do this even being on the opt? Do I still have to fill out all the forms? Can I put in for the adjustment of status now even though it is not up until february? the reason i want to put it in now is because we want to spend xmas in canada and I know you cannot cross boarders when you are waiting for the process to finish and to get your visa or green card. thank you so much for your help I really appreciate... i feel lost in a sea of forms and questions

[milimelo 4,561]

Moving to AOS from tourist, work, student visa.

[Little_My 464]

The fact that you are now on OPT doesn't really have any affect on the AOS process, except that you won't have any period of not being able to work while waiting for your AOS to be processed - which is a good thing.

The next step is just to file the forms, which you already listed in your post. Fill them out carefully, triple check everything, make sure you have attached all the required supporting documentation (passport photos, copies of visas and passports, I-20s, birth certificates, medical paperwork.. the whole nine years), and once you are sure you have everything, you mail it to the Chicago lockbox address with checks made out to the applicable fees of the I-485 and I-130 forms (and biometrics).

Then you wait. It will take up to 90 days for you to receive your EAD and/or AP. Technically, you might not need the EAD since you are currently on OPT and thus allowed to work, but there's always a possibility that your AOS would not be processed by the time your OPT expires, so that in mind it might be a good idea to still apply for a new one with the AOS, since it doesn't cost anything.. (though to be honest I have no idea how that would possibly affect the EAD you currently have - it might become void. Maybe someone else here will know more about that). Be sure to apply for the AP in any case, since you plan to travel for Christmas.

If you want to make sure you will be able to leave the US for the holidays, submit the paperwork as soon as possible. The AP comes within 90 days of USCIS receiving your application.

Good luck, and keep asking questions here if anything is unclear! That's the best way to avoid mistakes. That, and reading instructions well and multiple times.

[meganandrocco 0]

The fact that you are now on OPT doesn't really have any affect on the AOS process, except that you won't have any period of not being able to work while waiting for your AOS to be processed - which is a good thing.

The next step is just to file the forms, which you already listed in your post. Fill them out carefully, triple check everything, make sure you have attached all the required supporting documentation (passport photos, copies of visas and passports, I-20s, birth certificates, medical paperwork.. the whole nine years), and once you are sure you have everything, you mail it to the Chicago lockbox address with checks made out to the applicable fees of the I-485 and I-130 forms (and biometrics).

Then you wait. It will take up to 90 days for you to receive your EAD and/or AP. Technically, you might not need the EAD since you are currently on OPT and thus allowed to work, but there's always a possibility that your AOS would not be processed by the time your OPT expires, so that in mind it might be a good idea to still apply for a new one with the AOS, since it doesn't cost anything.. (though to be honest I have no idea how that would possibly affect the EAD you currently have - it might become void. Maybe someone else here will know more about that). Be sure to apply for the AP in any case, since you plan to travel for Christmas.

If you want to make sure you will be able to leave the US for the holidays, submit the paperwork as soon as possible. The AP comes within 90 days of USCIS receiving your application.

Good luck, and keep asking questions here if anything is unclear! That's the best way to avoid mistakes. That, and reading instructions well and multiple times.

ok well you have been soooo helpful.... but i have a few more question which you said I should ask:

- this may be silly but was is AP?

- am i to fill out any biometrics paperwork? I am unsure of what the biometrics stuff is actually?

-all fees are to be made out seperately for each form right? can this be in a money order?

thank you sooooooo soooo much

megan

[meganandrocco 0]

ok well you have been soooo helpful.... but i have a few more question which you said I should ask:

- this may be silly but was is AP?

- am i to fill out any biometrics paperwork? I am unsure of what the biometrics stuff is actually?

-all fees are to be made out seperately for each form right? can this be in a money order?

thank you sooooooo soooo much

megan

oh and i was just looking at the fees and found this:

i-485- $985 plus $85 for biometrics

i-130- $420

i-765- $ 380

i-131- $360 plus $85 for biometrics

i-864- Although USCIS does not charge a fee for this form, the Department of State does charge a fee when the Affidavit of Support is reviewed domestically. This does not apply when the Affidavit of Support is filed abroad.

and the other ones have no fees

is this correct? am i forgetting anything?

then i found this:

"The fee for I-485 applications filed on or after July 30th 2007 inlcudes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication -- as long as you paid the "new" rate for the I-485 effective July 30th 2007"

does this mean i only pay the 985 plus 85 and 420???? that would be awesome

[Harpa Timsah 13,258]

AP is Advance Parole, which is a temporary travel permission. Once you file the forms you cannot leave the country until you have approved travel permission, Advance Parole. If you leave, you will abandon the AOS process automatically.

Biometrics is an appointment for fingerprints. You will get a notice to appear for fingerprint capture.

Yes, the fees are $420 for the I-130 and $1070 for the I-485. The other forms are free if filed based on a pending I-485 (which is what you are doing).

Before you send everything in, you will also need a medical exam given by a USCIS-designated Civil Surgeon. They will fill out form I-693 and give it to you in a sealed envelope. You will send in the sealed envelope (don't open it!) with you initial package. THe medical exam will cost you roughly $200, and is usually not covered by insurance. You can call around to designated Civil Surgeons and get the best price.

Your process is called a CONCURRENT I-130/I-485 petition/application, so you can follow the USCIS jargon.

The whole process will take between 3-5 months to get the Greencard. You will have temporary travel permission and work authorization usually within 3 months. Once you get the Greencard you don;t need the temporary permissions any more.

You can continue to work on your OPT EAD until it expires.

Here is the VJ Guide: http://www.visajourney.com/content/i130guide2

Edited August 17, 2011 by Harpa Timsah

[Little_My 464]

Yes, you only pay the i-130 fee, which is $420, I-485 fee which is $985 and biometrics which is $85. We attached checks with our application for the payment, one for the $420 and another for $1,070 (I-148+biometrics), but I believe moneyorder is OK too. It should tell you on USCIS website whichs forms of payment they accept.

AP stands for Advance Parole - that is the document that allows you to travel internationally while your AOS is pending. You use the I-131 to apply for that.

There is no separate paperwork for biometrics - everyone who files for AOS has to get it done. Biometrics just means having your fingerprints and photo taken at an application support center. That has to be done before your EAD or AP can be issued. Once USCIS has received your application, they will send you a notice of the biometrics appointment.

[meganandrocco 0]

ok awesome thank you guys so much... my medical exam is booked ( i have to drive 3 hours to get it but its booked and i am in the process of getting my vaccination records.... forms are just about filled out....still feeling very overwhelmed....but feeling better about the process. I am now writing up my cover letter. this should be just a overview of what i am applying for and why and a table of contents?

thank you thank you thank you thank you

it feels so silly to be doing all this when canada is only 10 minutes away from where we are in maine it doesnt feel like a foreign country.....

[meganandrocco 0]

ok awesome thank you guys so much... my medical exam is booked ( i have to drive 3 hours to get it but its booked and i am in the process of getting my vaccination records.... forms are just about filled out....still feeling very overwhelmed....but feeling better about the process. I am now writing up my cover letter. this should be just a overview of what i am applying for and why and a table of contents?

thank you thank you thank you thank you

it feels so silly to be doing all this when canada is only 10 minutes away from where we are in maine it doesnt feel like a foreign country.....

oh and on form i-864 the income totals are from the most recent tax year right... or can i include what i made from january 2011 to july 2011??? in the total to make sure we qualify?

[Harpa Timsah 13,258]

The I-864 asks for information from the last three years and asks you to supply your current household income. The sponsor must show at least last year's taxes ( a complete tax return with all schedules W2s, or 1099s), but they primarily determine eligibility based on current income. You, as the immigrant, CAN include your income to help qualify, but only if it will continue from the same source after AOS is complete. The sponsor must also show proof of current employment, either a letter from employer or recent paystubs. If you are including your income to qualify, you should provide proof of current employment as well, and proof that the job will continue from same source after GC is granted.

The cover sheet should just be a table of contents and maybe one sentence about what it is.

It is a lot of paperwork, for sure Sounds like things are moving!

[meganandrocco 0]

OK working on it all i have the i-130 package all done just need passport photo

quick question for the i-485 form.... i am not sure what type of application i am. none of those seem to fit well i dont really understand a, but i would assume i put down h and than explain it i wouldn't really know what to put....

thank you again for all your help

[Harpa Timsah 13,258]

It's A.

(Read through the poorly-worded sentence in parentheses... attach a...relative... petition... that would establish a visa number, if approved)

[meganandrocco 0]

thank you but i dont think i have an approval notice to attach? god the wording is confusing

[Harpa Timsah 13,258]

Read the part in parentheses... it's something like I stated above.... "attach a ...relative... petition... which if approved..." blah blah blah. You are attaching a petition which, if approved, will create an immediately-available visa number for you. Or just trust me. It's A for concurrent filers. This is a very common question.

Edited August 23, 2011 by Harpa Timsah

[meganandrocco 0]

also it is asking for my nonimmigrant visa numkber is that my 1-20 and admission number or the N number on my 1-94? I have two 1-20 should i put the dates for the most recent or the first?

oh my goodness i am guessing you all are pretty sick of me

Read the part in parentheses... it's something like I stated above.... "attach a ...relative... petition... which if approved..." blah blah blah. You are attaching a petition which, if approved, will create an immediately-available visa number for you. Or just trust me. It's A for concurrent filers. This is a very common question.

YOu are AMAZING!!!!!!!!!!!!!!!!!