F1 OPT w/ Pending I-130

[bv9320 0]

Greetings everyone!

I'm having some sort of confusion regarding my wife's status and I was wondering if you guys can help me out.

Me (US Citizen) and my wife got married on Jan 2013 while she's in F1-OPT Status. We now live together here in California. I filed for her I-130 in April 2013 but I was advised by our preparer not to file I-485 yet. Now this morning, I spoke to someone in USCIS to follow up and I was told that even though the I-130 is still pending, I can now file the I-485 along with I-131, I-765,etc. Now my wife is currently working under her EAD that she got when she filed for OPT. Now my question is, does she have to file another I-765? Can and does she have to renew her OPT? Please help. I am totally confused.

Edited October 17, 2013 by bv9320

[newacct 688]

You should have filed I-130 and I-485 concurrently. There is no point to filing them separately. Yes, you can file them now. Yes, she should file another I-765. The EAD and Advance Parole are free when you are an AOS applicant. I would not extend her OPT at the end of the 12 months, if that's what you're asking about, because it's a waste of money, because the EAD you get from AOS is free, and it is more flexible than the EAD you get from OPT (in OPT you must work in your major, and cannot have more than a certain number of unemployed days).

[besaangel 18]

Now my question is, does she have to file another I-765? Yes, with the I-485 it is free

Can and does she have to renew her OPT? No need as her AOS might be approved my then

[bv9320 0]

Thank you so much for the responses!

With my busy schedule with school, while also gathering all the necessary information and forms to go along with the I-485, I'm left with one problem - the I-864.

We're having trouble completing this form because my last tax return shows that I made under the poverty guideline even though I didn't mainly because I was deployed last year and most of what I made was tax free. Is there anyway to show proof that I did exceed the guideline that I can attach to the form itself?

Also, while on the subject of I-864, my wife is currently working right now. I wanted to use her income as well because from my understanding, I can add her income to the affidavit of support since she's part of my household. The thing is, she hasn't filed any tax return yet because she just started working earlier this year. How can we show proof that she's earning money? And how can we calculate our total current income?

Last but not the least, on Part 5 Sponsor's Household Size of of the form, Line #1 says I have to put the number of immigrants I am sponsoring (which is 1). But Line #3 which says "If you are currently married, enter "1" for your spouse. Do I have to put another 1 on that box even though it's the same person that I am sponsoring which is my wife?

Thank you for taking the time to read this and I hope I can get some responses.

[bv9320 0]

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[bv9320 0]

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