Concurrent filing for F-1 visa holders

[Schlaefrig 0]

Hello everyone!

I am a new member here. During my past research, VisaJourney has been a tremendous resource, so thanks to everyone who contributed.

I have a very basic question: Can an F-1 student who completed his studies and is currently on OPT, married to a USC, use the “concurrent filing” of I-140 and I-485 without having to leave the States and other complications? I understand that concurrent filing is a luxury that not everyone can use – e.g., tourist and J-1 visa holders have different rules. Basically, I'm not sure what the rules for F-1/OPT holders are.

Also, do applicants have to wait a certain period of time after marriage, or can the filing be done immediately after marriage?

Thank you so much in advance!

[hmh33 117]

Can an F-1 student who completed his studies and is currently on OPT, married to a USC, use the “concurrent filing” of I-140 and I-485 without having to leave the States and other complications?

Yes.

I understand that concurrent filing is a luxury that not everyone can use – e.g., tourist and J-1 visa holders have different rules.

No, same rules. (2 year home residency requirement may apply to J-1).

Also, do applicants have to wait a certain period of time after marriage, or can the filing be done immediately after marriage?

You can apply immediately after marriage. There will be a period of 2-3 months during which you cannot leave the US without your application being abandoned.

http://www.visajourney.com/content/i130guide2

[Schlaefrig 0]

Thank you very much!

[Harpa Timsah 13,258]

Concurrent filing for marriage to a USC is with a I-130, not a I-140 (which is for workers).

[Schlaefrig 0]

Concurrent filing for marriage to a USC is with a I-130, not a I-140 (which is for workers).

Thank you! That's what I meant to write.

So basically if you're an F1-holder on OPT residing legally in the U.S., you could simply apply for the Adjustment of Status without going through those CR/IR/K visas?

[newacct 688]

Thank you! That's what I meant to write.

So basically if you're an F1-holder on OPT residing legally in the U.S., you could simply apply for the Adjustment of Status without going through those CR/IR/K visas?

Yes. Even if you are no longer legally residing in the U.S., it would still be okay.