permanent residence and greencard

[Vedic 0]

Me and my fiancee(US citizen) are going to get registered marriage in December and we will quickly, after then, apply for my AOS/permanent residence. But my OPT/EAD is expiring in the month of march. I was wondering if it matters if my visa expired when I have already submitted my application and still did not receive any decision on that? Can I continue staying and working in the US until they make their decision on my green card? I just need my permanent residence/EAD to come so that I could continue working here.

I know it takes about 90 days to receive your AOS but what if we are a little late submitting our documents and it does not come in before my OPT expires?

Also, after we submit our documents is it necessary to be living together right after our marriage? When do they cross check by making a surprise visit? And when do I get to go for the interview with my wife after I submit my docs?

Please shed some light on it.

thank you..

[Pitaya 2,577]

~Moved from Family-based AOS Process to Working, Student, Tourist-based AOS Process~

[GreenIsdanewBlack 4]

Me and my fiancee(US citizen) are going to get registered marriage in December and we will quickly, after then, apply for my AOS/permanent residence. But my OPT/EAD is expiring in the month of march. I was wondering if it matters if my visa expired when I have already submitted my application and still did not receive any decision on that? Can I continue staying and working in the US until they make their decision on my green card? I just need my permanent residence/EAD to come so that I could continue working here.

I know it takes about 90 days to receive your AOS but what if we are a little late submitting our documents and it does not come in before my OPT expires?

Also, after we submit our documents is it necessary to be living together right after our marriage? When do they cross check by making a surprise visit? And when do I get to go for the interview with my wife after I submit my docs?

Please shed some light on it.

thank you..

You are legally allowed to stay in the U.S. after filing if at the time of filing you were in a legal status. You can even file if you we're out of status but entered the country legally, but since that condition doesn't apply to you let's no go there.

You can file for I-765 along with your AOS, that way you can continue working upon receipt of your approval. Remember you need I-765 approved and EAD in hand before you work. If not, you're just making it harder for yourself and raising flags for AOS. The good news is EAD typically takes 60 days to be approved after USCIS receives it and another week for card to be delivered, so factor that in. You can also have a request to have this expedited, and if you have a pending job offer, I've seen it being approved in less than 4 weeks.

I found a great site for the whole filing process. Check it out http://**removed due to TOS**.

[Vedic 0]

Thank you for the response "Greenisdanewblack". So does that mean even thought we file our documents in the month of December, I will have enough time in my hand to receive my EAD and I-765 approved?? My OPT/EAD is expiring in the month of march.

I do have the job offer in my hand and I most probably be continue working at that time during the time of submission. I just want to make sure that I will receive my permanent EAD through my green card process, will come well in advance even though I apply 3 months before.

Also, you mentioned that I have to have my EAD in hand before my OPT expires, or else I wont be able to continue working with any company until it arrives?? you said I am legally allowed to stay in the US but does that mean I am legally allowed to continue working as well? Will I have to wait (however # of days it takes) to receive my EAD?

And what application do we have to file in order to file to India (on valid status) for marriage and come back?

Thank you for your kind response.

[GreenIsdanewBlack 4]

Hey Vedic,

You lost me a little bit there with some confusing terms. Here's how I understand your expected timeline:

• You are planning to file application in December 2013
• Your current F1 OPT based EAD card expires in March 2014

Not sure what you mean by this "And what application do we have to file in order to file to India (on valid status) for marriage and come back?"

This is how it generally works. You file a I-130, I-485 along with a bunch of forms to apply for a green card. You file I-765 to apply for EAD. (Not sure what you mean by permanent EAD). You file I-131 to apply for Advance Parole, which basically allows you to travel abroad and return to US, while your GC is pending.

Let's focus on I-765 since you seem to be most concerned with it. If you current (student OPT based) EAD expires, and you haven't received the new one, then you cannot work legally. However If you file in December, it will typically take 60 days for I-765 to be approved, at which point you will receive EAD sometime in March, which means you'll be able to work without any breaks.

Let's say your application is received by USCIS on Dec 31, 2013. Ideally you should have your I-765 approved by first week of March 2014 (around 60 days from filing). If you don't have it by (say) March 10th, you can call USCIS and put in the request to expedite. They will typically ask you for supporting evidence for which:

• provide your job offer, or you can have your employer draw up a letter of continued employment if you've started work already, and
• send your current EAD card which shows it expires in March, and
• write a letter explaining how you will be able to continue working unless you have I-765 approved, which will lead to financial hardship

That should do the trick, but I'm certain if you fill the forms correctly, it'll never come to that, and you'll have your EAD approved much before your current one expires.

Like I said, check out the site in my signature - one of the key factors is to file the application right the first time, and that site breaks it down really well, and provides a great checklist so you don't miss sending anything. Good luck!

Edited August 11, 2013 by GreenIsdanewBlack