F-1 (in OPT) to Green Card

[nyfella 0]

Hello,

I am currently on my STEM-extension OPT (F-1 visa). The visa expired some time ago, but my EAD is valid through November 2012.

I am planning on getting married to a US Citizen in May and applying for a Green Card soon afterwards. I understand that I can apply concurrently by filing I-485 and I-130 together. I have two questions:

1. If my OPT expires before I receive my Green Card, I understand I will not have to leave the country. If so, what status will I be in? Could I leave the country with Advanced Parole during this time?

2. If my OPT expires before I receive my Green Card, I do not want to have to stop working. I have read that I can send an I-765 along with the I-485 and I-130 to resolve this, which will allow me to receive a new EAD. This confuses me however. Will I receive this new EAD while the Green Card is still being processed? If so, what will its expiration date be? And, would I file my I-765 as a renewal, despite there being a change in status?

Also, what is the consensus on a lawyer for this process - necessary?

Thanks!

[Inky 1,111]

Not a family based AOS moving to adjustment from tourist / student / work.

[NancyNguyen 1,658]

After they start processing your AOS, your OPT is void. You will be authorized to stay while waiting for the interview. An I-765 application will help you to have another work permit to continue your job, it takes like 2 months (without RFE) to obtain one. No need to feed the shark, your case is not difficult at all.

[Harpa Timsah 13,258]

Your OPT will not be void once you send in your AOS. You will enter a new period of authorized stay (it has no name, sort of a limbo status). Your OPT EAD will still be good, but you will not be able to travel until you have AP. This is because leaving the US (without advance permission) will render your I-485 void. Both AP (I-131) and the new EAD take about 3 months to process. To avoid any gap in employment, you'd have to apply for AOS at least 3 months before your OPT expires. You can apply for a new EAD for free with your AOS, it will NOT be a renewal because you will be in a different category. It is free and is good for a year. Once you get the GC, however, you have no need for an EAD. The GC gives the right to work and travel by itself. So marry in May, if you apply soon thereafter, you should expect the new EAD by September (before your OPT expiration).

THis is a DIY site, so most people do it without a lawyer. You can search for numerous threads on the topic. Good luck!

[Night Kisa 0]

I am in the same exact situation: got married while was on OPT after graduated Unuverity. OPT was expiring on Dec 31,2011. We married in October, and sent out AOS package end of November. I concurrentely applied for EAD and AP. I was working at the time at my current job for a while, and was stressed out that I won't get my EAD on time before the expiration of OPT in December. I had the same concern - I can't just interrupt my work... Therefore my advise is (as wqas already mentioned above), apply for AOS with EAD/AP atleast 3 month prior to the expiration of your OPT. Good luck!

[nyfella 0]

Thanks all for the excellent and quick responses, everything is much clearer now! A few additional questions that have come up:

1. I understand the new EAD will take about three months to process. How long does it typically take to receive the GC itself?

2. For the I-765 application, would the correct eligibility code be ©(9)? That is "adjustment application".

3. Looking through I-131 I am bit confused by it. Do I need to know specifically when I would be traveling to file it, or can I have advanced parole and then choose when to travel? Also, there would be absolutely no fee for me filing I-131, correct?

Thanks again!

[Harpa Timsah 13,258]

1. 3-6 months. Could be longer.

2. Yes!

3. You can say "unknown." AP is routinely approved for AOS applicants.

Both the EAD and AP are free when filed based on a I-485.

And, just a caveat: 90 days has been the general trend for EAD approval, but I'd give yourself more time just in case. The worry might drive you insane! I'd apply ASAP after your wedding.

[Camo 5]

1. 3-6 months. Could be longer.

2. Yes!

3. You can say "unknown." AP is routinely approved for AOS applicants.

Both the EAD and AP are free when filed based on a I-485.

And, just a caveat: 90 days has been the general trend for EAD approval, but I'd give yourself more time just in case. The worry might drive you insane! I'd apply ASAP after your wedding.

Hi all, my question is different from the topic but would like some help. My question is regarding the I-864-Affidavit of support.

Should my wife (USC) only apply for I-864 or should the both of us apply?

I have been on F1 status since '07 and granted EAD (3-4 times) till '11. Then applied and was granted OPT (expires August '12) after graduation with a job waiting for me. Currently, we both individually make above poverty level. As mentioned above, should we apply together ? Keep in mind OPT expires in August.

[Harpa Timsah 13,258]

Hi all, my question is different from the topic but would like some help. My question is regarding the I-864-Affidavit of support.

Should my wife (USC) only apply for I-864 or should the both of us apply?

I have been on F1 status since '07 and granted EAD (3-4 times) till '11. Then applied and was granted OPT (expires August '12) after graduation with a job waiting for me. Currently, we both individually make above poverty level. As mentioned above, should we apply together ? Keep in mind OPT expires in August.

All of your questions can be answered by reading the I-864 instructions. You cannot file your own I-864, but you can add your income to your wife's, if the circumstances match the requirements detailed in the instructions.

[rimini 4]

Hi!

I also am currently on an F-1 visa and I am working under OPT. My OPT is going to expire on December 12, 2013.

I got married on July 1, 2013. Money was tight until October 2013 when we were able to hire a lawyer, pay all required fees and submit forms I-131, I-485, and I-765.

The lawyer communicated to us they mailed the application on October 28, 2013.

Today is November 6, 2013 and I still did not receive form I-797C.... and I am starting to get worried.

Last year in 2012 I submitted form I-765 to obtain an OPT card through the university where I was studying. The application was submitted on September 27, 2012, and the school received the OPT card on October 31, 2012 (which technically is a work authorization card just like the one I am waiting for right now). I went to the international office at the university and picked it up. In short, it took only 1 month to receive the OPT card, although the school kept warning me it could take up to 90 days!

Now my question is... does anyone know if the work authorization process is as fast in 2013 as it was in 2012? That would make both me and my employer take a deep breath!

Thanks for your help!

[Harpa Timsah 13,258]

It can take up to 30 days to receive a NOA1. EAD takes 90 days. Expecting it in a month will only lead to disappointment.