F-1 status applying for GC

[Clover 0]

Hi Everyone,

I am a master student on an F-1 Visa since August 2011, I met my boyfriend last April, 2012, we got engaged this March(2013). And we are planning to have our wedding at the end of this July. Currently, I work as a graduate research assistant. My F-1 visa will expire on Aug 31, but my advisor needs me to extend for half a year to finish my thesis work, instead of working as a graduate assistant after Aug 31, I plan to work as a student worker for another professor in a different department so we don't have to pay too much tuition. So my questions are:

1. If we apply after wedding, will I be able to work right away? Or how long I have to wait to get work permission (EAD?)?

2. If it takes several months to get EAD, in order to be able to work in August, should we get married through civil marriage before the wedding and start filing first? If we file before July, and I am still on a graduate assistantship, will I be able to work still?

3. We are also planning to have a wedding in China this winter with my family. If we do a civil marriage, will I have a chance to get my GC before December? Or I will have to file I-131 form to do so?

4. What paper work we will need to file?

We had lots of photos together to prove our relationship. And he has a job.

We are confused if it is better to file earlier.

Thanks!

Clover

[Darnell 8,479]

always better to file earlier, and shift to other EAD prior to green card issuance.

refactor your plan a bit, plan for civil wedding at courthouse this week or next (for example) and rework your calendar, marking the major timeticks that will match up with your plan,

and studying the variances .

IMO, it's almost impossible to get USCIS calendar to match up with your proposed calendar, but with some forethought and planning, is possible.

[SBB 74]

When you entered the US, your I-94 should have been stamped "D/S" for "duration of status". As long as you are still in status (i.e. are still a student pursuing the degree mentioned on your I-20), you shouldn't need to renew your visa unless you are planning to travel out of the country. I'm not sure if your school might need to get you a new I-20 though to reflect the revised timeline for your degree.

As long as you are still in status for your F-1, you should be able to work on campus while waiting out your AOS. I wouldn't worry too much about the EAD, my wife didn't get hers until after the green card interview.

Edited April 26, 2013 by SBB

[Clover 0]

always better to file earlier, and shift to other EAD prior to green card issuance.

refactor your plan a bit, plan for civil wedding at courthouse this week or next (for example) and rework your calendar, marking the major timeticks that will match up with your plan,

and studying the variances .

IMO, it's almost impossible to get USCIS calendar to match up with your proposed calendar, but with some forethought and planning, is possible.

We may do the civil wedding at courthouse first. Thank you Darnell!

When you entered the US, your I-94 should have been stamped "D/S" for "duration of status". As long as you are still in status (i.e. are still a student pursuing the degree mentioned on your I-20), you shouldn't need to renew your visa unless you are planning to travel out of the country. I'm not sure if your school might need to get you a new I-20 though to reflect the revised timeline for your degree.

As long as you are still in status for your F-1, you should be able to work on campus while waiting out your AOS. I wouldn't worry too much about the EAD, my wife didn't get hers until after the green card interview.

Cool, if I can work, that would be great! Thank you!