AOS from an F-1 with OPT

[connors10 2]

Hi everyone,

I've found a wealth of knowledge and information here on the site, but as my wife and I prepare to file for AOS, I really want to make sure that we're doing everything in the prescribed way, to avoid any delays or issues! I know that all of this information is available in various corners of the internet, but I would greatly appreciate some clarification and reassurance that we're doing this right. Here's our situation (please correct me if I'm wrong in any of my assumptions here!):

We got married a couple of months ago, here in the US. My wife (the "alien") finished her Master's on an F-1 visa back in June, and got a job in August. She applied for her OPT back then, and received the card shortly before starting work, also in August. So as of right now, I believe she's technically here on her F-1, with an OPT (which she is using to work as of now).

We're planning to file the following AOS forms:

I-130 (evidence of bonafide marriage will be joint lease, joint bank accounts, affidavits, 5-10 photos. Is this enough?)

I-485, including the following:

• I-864 (with both mine and my wife's income listed)
• I-693 (already have it!)
• I-765 (so she can continue working after the OPT ends. My understanding of this is that applying for AOS doesn't affect the standing of her current OPT or her current work eligibility. Again, correct me if I'm wrong, but the OPT would remain valid until we receive the new EAD, right?)
• I-131 (she'd like to visit home at some point in 2016)

G-325As

G-1145

I basically want to double-check these things:

1. That this is absolutely the correct process for us to apply through
2. That these are all of the forms we'll need
3. That my wife can continue working after we apply and while we go through the process, and that her current OPT isn't somehow voided by applying for AOS
4. That we have enough evidence of bonafide marriage. Any tips on what to include? Too much or too little?

Any clarifications or reassurance would be greatly appreciated! Please ask me any follow-up questions if need be!

[connors10 2]

A few additional questions I had!

1. My wife has been here almost continuously since first arriving 4 years ago as a student, so she doesn't really have a home-country address except for her parents' home. Do I need to include that address in the I-130 and elsewhere?
2. I'm assuming that, in part 2 of the I-485 (application type), we should choose A), which is "An immigrant petition giving me an immediately available immigrant visa number that has been approved." Does the I-130 count as that petition, even though it hasn't been filed yet, let alone approved?
3. And finally, as far as we can tell, my wife doesn't have an A-number. Am I missing something here? I've checked every visa, I-94, and other document she has and see nothing that looks like one!

Thanks again!

[newacct 688]

• That this is absolutely the correct process for us to apply through

You are a US citizen, right? Yes.

• That these are all of the forms we'll need

Yes. Well, there are two G-325As for I-130, and one G-325A for I-485, for a total of 3.

• That my wife can continue working after we apply and while we go through the process, and that her current OPT isn't somehow voided by applying for AOS

Yes

• That we have enough evidence of bonafide marriage. Any tips on what to include? Too much or too little?

The more the better. What you have seems okay

• My wife has been here almost continuously since first arriving 4 years ago as a student, so she doesn't really have a home-country address except for her parents' home. Do I need to include that address in the I-130 and elsewhere?

Her current address is her address here in the US, since she's applying from the US. You don't need to put an address abroad.

• I'm assuming that, in part 2 of the I-485 (application type), we should choose A), which is "An immigrant petition giving me an immediately available immigrant visa number that has been approved." Does the I-130 count as that petition, even though it hasn't been filed yet, let alone approved?

Yes

• And finally, as far as we can tell, my wife doesn't have an A-number. Am I missing something here? I've checked every visa, I-94, and other document she has and see nothing that looks like one!

It's normal. Put "none".

[rutabaga 209]

The USCIS number on her OPT card is another term for an A number.

Alien numbers, also called alien registration numbers, USCIS numbers, or A-numbers are identification numbers issued to noncitizens by U.S. Citizenship and Immigration Services (USCIS).

https://e-verify.uscis.gov/esp/help/EvHelpAlienandI94Nbr.htm

Edited December 16, 2015 by rutabaga

[alexkb5 2]

If you have an EAD you will have an A number. It is the 9 digit uscis number on the EAD card.

[connors10 2]

The more the better. What you have seems okay

Awesome. Thank you so much for helping to clarify this! I've read in various places that things like plane tickets, my visa from her home country, wedding ring receipts, etc. can be helpful as well. Would you recommend anything like this?

Also, I'm still a bit confused about the A-number. The Employment Authorization Card does have a USCIS#, but I had thought that all A-numbers started with, well, A? This is just a 9 digit number. I have no problem providing it, I just don't want to mix things up by giving any mixed up information.

[alexkb5 2]

I thought the same thing, I am F1 on OPT and thought I didn't have an A number. My Immigration lawyer clarified that the USCIS number on the EAD is your A number. If your wife still has the letter they sent with the card when she got it, the return invoice in the event you ever needed to re apply for the card has above your name and address A# xxx-xxx-xxx which is the same number on the EAD card.

Edited December 16, 2015 by alexkb5

[connors10 2]

I found it! Thank you so much, I never would've thought to look there.

I know I'm full of questions here, but I'm desperate to have everything spot-on before we file. Another one: My wife and I both hyphenated our last names when we got married, which is shown on our official marriage certificates and bank statements. The new names are not shown in our passports or on pretty much any other documents. I would assume they'd understand that her name would have changed, having just gotten married, but I'm wondering if it might be a good idea to include some extra clarification or statement that we are, in fact, the people on all of these documents? I've listed both our names on all of the forms (I-130, etc.) with our hyphenated last name. Is this the way to do it?

[rutabaga 209]

If you follow the link I posted (at the bottom of the quote) it should clear things up for you, but essentially, it's just different names for the same thing (the USCIS no. designation being more recent as is putting them on EAD cards).

[alexkb5 2]

I found it! Thank you so much, I never would've thought to look there.

I know I'm full of questions here, but I'm desperate to have everything spot-on before we file. Another one: My wife and I both hyphenated our last names when we got married, which is shown on our official marriage certificates and bank statements. The new names are not shown in our passports or on pretty much any other documents. I would assume they'd understand that her name would have changed, having just gotten married, but I'm wondering if it might be a good idea to include some extra clarification or statement that we are, in fact, the people on all of these documents? I've listed both our names on all of the forms (I-130, etc.) with our hyphenated last name. Is this the way to do it?

I never changed my name on my passport, but I would recommend updating both your names on SS cards and drivers licences before you send it off, photo copy those side by side, it shows you live in the same residence and you both unified by changing your name. Its also easier to put the new names on bills, insurance etc if you have a photo ID in the new name because a marriage certificate alone doesn't 100% prove you changed your name other than on the certificate.

[rutabaga 209]

I found it! Thank you so much, I never would've thought to look there.

I know I'm full of questions here, but I'm desperate to have everything spot-on before we file. Another one: My wife and I both hyphenated our last names when we got married, which is shown on our official marriage certificates and bank statements. The new names are not shown in our passports or on pretty much any other documents. I would assume they'd understand that her name would have changed, having just gotten married, but I'm wondering if it might be a good idea to include some extra clarification or statement that we are, in fact, the people on all of these documents? I've listed both our names on all of the forms (I-130, etc.) with our hyphenated last name. Is this the way to do it?

I would imagine them being shown on the marriage certificates would be plenty of proof on its own. Having them on the bank statements is also good especially if you'll also be including older bank statements which show the old names but the same account number.

I'd definitely use your current names to fill out the forms, but also don't forget to list your old (non-hyphenated names) under other names used.

[newacct 688]

I thought the same thing, I am F1 on OPT and thought I didn't have an A number. My Immigration lawyer clarified that the USCIS number on the EAD is your A number. If your wife still has the letter they sent with the card when she got it, the return invoice in the event you ever needed to re apply for the card has above your name and address A# xxx-xxx-xxx which is the same number on the EAD card.

A non-immigrant A number that you may have gotten on EADs, etc. is different from the A number they will give you for immigration process. They will assign you a new A number for immigration purposes, so generally if you haven't done immigration stuff before you should leave it blank (you can put it if you want, but it probably won't be used). Usually only people who've had an I-130 or I-140 immigration petition filed for them previously (i.e. not concurrently with the I-485) will put an A number on the I-485, which is the A number from their petition receipt.

Edited December 16, 2015 by newacct

[DeKi 10]

A non-immigrant A number that you may have gotten on EADs, etc. is different from the A number they will give you for immigration process. They will assign you a new A number for immigration purposes, so generally if you haven't done immigration stuff before you should leave it blank (you can put it if you want, but it probably won't be used). Usually only people who've had an I-130 or I-140 immigration petition filed for them previously (i.e. not concurrently with the I-485) will put an A number on the I-485, which is the A number from their petition receipt.

This was my experience too. I had an OPT in the past, before I applied for AoS and still choose "no A-number" on all the filing forms. The A-number I got assigned in the current process is different from what appeared on my old EAD.

Edited December 16, 2015 by DeKi

[alexkb5 2]

How long ago did you guys apply for an EAD, They changed this process a few years ago. I thought I didn't have one either I left the forms blank but then my lawyer told me to put the USCIS number on my EAD because that was the assigned A number which got when I received my EAD. Maybe they will give me a new one but I was told to include it anyway as my identity will be listed under that number and processing will be easier

Edited December 16, 2015 by alexkb5

[connors10 2]

How long ago did you guys apply for an EAD, They changed this process a few years ago. I thought I didn't have one either I left the forms blank but then my lawyer told me to put the USCIS number on my EAD because that was the assigned A number which got when I received my EAD. Maybe they will give me a new one but I was told to include it anyway as my identity will be listed under that number and processing will be easier

This is what I'm wondering as well; I looked at the letter my wife received with her EAD (from OPT), and like you said alexkb5, it showed the USCIS number on her card with the A in front, in this format: #A XXX XXX XXX

Would it cause any issues if I just include that number for good measure? I had been thinking that, since her only visas/statuses have been non-immigrant so far, she wouldn't have an A-number, but seeing it formatted that way in the EAD letter gives me pause.