I-130 clueless...

[masqueradex97 0]

Hi everyone,

I tend to write a lot to make sure I'm explaining myself correctly.. so please bear with me. I'll try to keep it short!

I recently graduated and have an OPT card that starts this June 2013 (expires June 2014).

I am about to get married to a US citizen and am looking into all the paper work I have to go through and am completely at a loss.

If you could kindly untangle some knots for me, I'd really appreciate it.

Background info:

- Last time I entered U.S. was August 2012 with F1

- I have no intention of traveling anywhere

- I have an EAD for OPT that expires June 2014

So far, I have started to fill out

- I-130 (by my soon-to-be-spouse)

- I-495

- I-693 (to go with my I-495)

- I-864

- I-765

Here are my questions:

- Can I stay in US after I get married, while the I-130 is pending? (Is my F1 still valid?)

- Someone told me when I get married, they'll stamp a temporary visa type thing and I am eligible to work, etc. Is that true?

- Can I submit everything at once? If not, when do I submit each one?

- Do I need I-131?

Please advise; I've read so many things on so many different websites and it's just all been too confusing.

Thank you!

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

**Organizer hat off**

I made a slight correction to your list below which is in bold and red.

So far, I have started to fill out

- I-130 (by my soon-to-be-spouse)

- I-495 I-485, there is no such form as I-495

- I-693 (to go with my I-495 I-485)

- I-864

- I-765

Edited May 28, 2013 by Ryan H

[MCG 0]

Hi,

I am also a F-1 student on OPT. To answer your questions

1. Yes you can stay in US after getting married while I-130 is pending. Until June 2014 you are legally in USA anyways ( given you are following all OPT related rules and regulations)

Once you file for AOS your official status is now Adjustment of Status although you can still work on your OPT card again given you are following the rules related to it.

2. Nothing happens just by getting married. But once you apply for AOS and you include the form I-765 which is for employment authorization, once the form is approved you will receive an EAD card and you can use it to work if you wanted.

Also, since you are on OPT I assume you already have employment authorization. You can use that EAD or chose to use EAD from AOS. EAD card from AOS does not have any restrictions that may be applicable to OPT EAD.

3. You SHOULD submit everything at once. I-130 and I-485 filed together would be much better than filing separately. Also this way you get file I-765 and I-131 for free.

4. You do not need I-131. This form is to travel outside the country and come back while your AOS is pending. I applied for this form just in case of emergency and it is free.

Although I think it is good idea to file for it because you never know how much time AOS is going to take to approve.

This website is very helpful. If read all the posts related to you , you will get hang of process pretty quickly.

[masqueradex97 0]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

**Organizer hat off**

I made a slight correction to your list below which is in bold and red.

Thank you! That was what I meant to say...

[ddkorestin 10]

i definitely concur with MCG. the answers he gave is absolutely what i have in mind to write

[masqueradex97 0]

Hi,

I am also a F-1 student on OPT. To answer your questions

1. Yes you can stay in US after getting married while I-130 is pending. Until June 2014 you are legally in USA anyways ( given you are following all OPT related rules and regulations)

Once you file for AOS your official status is now Adjustment of Status although you can still work on your OPT card again given you are following the rules related to it.

2. Nothing happens just by getting married. But once you apply for AOS and you include the form I-765 which is for employment authorization, once the form is approved you will receive an EAD card and you can use it to work if you wanted.

Also, since you are on OPT I assume you already have employment authorization. You can use that EAD or chose to use EAD from AOS. EAD card from AOS does not have any restrictions that may be applicable to OPT EAD.

3. You SHOULD submit everything at once. I-130 and I-485 filed together would be much better than filing separately. Also this way you get file I-765 and I-131 for free.

4. You do not need I-131. This form is to travel outside the country and come back while your AOS is pending. I applied for this form just in case of emergency and it is free.

Although I think it is good idea to file for it because you never know how much time AOS is going to take to approve.

This website is very helpful. If read all the posts related to you , you will get hang of process pretty quickly.

i definitely concur with MCG. the answers he gave is absolutely what i have in mind to write

Thank you MCG and ddkorestin!

I will definitely read up more on these forums for additional information.