F1 OPT to Green Card

[kal01 0]

Hi, I am on OPT and have been granted EAD. I have got no job yet and the 90 day period is ending on Dec 23rd. I am married to a US citizen and I am going submit my documents for GC before Dec 23rd. I have a few questions.

1. What documents do I need to submit with form I-765? Will the copy of current EAD suffice? What category should I fill in question 16 of I-765?

2. Will my stay in the US be legal as soon as I submit my GC application although my OPT has expired after Dec 23rd?

3. I do not know my date of travel yet. what date should I fill in advance parole?

Your help with answering these questions is apprecited.

Thank You !!!

[Pitaya 2,577]

~Moved from Student & Exchange Visitor Visa to WStudentT-based AOS Forum~

~Adjusting from student visa~

[sebastianshaw 97]

Hi, I am on OPT and have been granted EAD. I have got no job yet and the 90 day period is ending on Dec 23rd. I am married to a US citizen and I am going submit my documents for GC before Dec 23rd. I have a few questions.

1. What documents do I need to submit with form I-765? Will the copy of current EAD suffice? What category should I fill in question 16 of I-765?

2. Will my stay in the US be legal as soon as I submit my GC application although my OPT has expired after Dec 23rd?

3. I do not know my date of travel yet. what date should I fill in advance parole?

Your help with answering these questions is apprecited.

Thank You !!!

Read this guide carefully, should answer most of your questions http://www.visajourney.com/content/i130guide2

1. Alien's passport pages (biographical, visa, stamp) , 2 Alien Photos, I-94, Proof of maintaining F1 Status (OPT card copy, I-20)

2. I would recommend asking your International Student advisor regarding the same, techinically if you dont get a job in 90 days u do become out of status, so your F1 would be come out of status, i recommend taking up a job even if it is a non paying internship to maintain your OPT status and as a result your F1

3. you can write TBD (To be determined)

Best of Luck

[randomstairs 313]

1. If filing concurrently you'll also need to submit a copy of your I-485 (on top of what previous post suggests). Ideally you'd also wanna file for the AP. Re Q16, check the form instructions.

2. Yes, you will be lawfully present and your "status" will be "Pending AoS". You will be out-of-status after the 90 day period but will not be unlawfully present (these are different concepts). However, you won't be allowed to work until you get the EAD (physical card, not just approval).

3. You will NOT be held responsible to stick to those dates so just make your best guess. Also, select "multiple trips".

[tru123go 0]

Hello everyone,

It seems my fiancee and I are kinda in the same boat and I am just looking for the some clarification.

We plan on getting married in February next year and she will not graduate until the end of June next year. After the wedding, we plan on filing the package a few months afterwards (April to June time frame).

I have a few questions:

1) On her F-1 and OPT, if she goes out of status but our package has been already accepted by USCIS, from what I can see, she can still lawfully stay here but she will just be Out-Of-Status and can't work until the EAD is accepted? She wants to have work immediately after she graduates but we need to know about other situations in case she can't find work three months after graduation.

2) I-485 Supplement A, this document is only filed if she was here unlawfully (which she is not)?

3) I-693 is filed only when USCIS asks for it or do we perform the medical examination, receive the I-693, and submit it with the I-130/I-485 initial package? Also, she has a daughter (currently 8), will she need to also have a I-693 performed at the same time, too?

Thank you for any information!

Edited December 21, 2016 by Zyllos

[EM_Vandaveer 2,417]

Hello everyone,

It seems my fiancee and I are kinda in the same boat and I am just looking for the some clarification.

We plan on getting married in February next year and she will not graduate until the end of June next year. After the wedding, we plan on filing the package a few months afterwards (April to June time frame).

I have a few questions:

1) On her F-1 and OPT, if she goes out of status but our package has been already accepted by USCIS, from what I can see, she can still lawfully stay here but she will just be Out-Of-Status and can't work until the EAD is accepted? She wants to have work immediately after she graduates but we need to know about other situations in case she can't find work three months after graduation.

2) I-485 Supplement A, this document is only filed if she was here unlawfully (which she is not)?

3) I-693 is filed only when USCIS asks for it or do we perform the medical examination, receive the I-693, and submit it with the I-130/I-485 initial package? Also, she has a daughter (currently 8), will she need to also have a I-693 performed at the same time, too?

Thank you for any information!

Where is her daughter? If she's in the US, she'll need her own AOS package filed for her (by you, as USC stepparent), which includes I-693.

I-693 can be sent with the initial filing or brought to the interview.

I-485 Supplement A is NOT applicable in your situation.

File in March. She should get her EAD in 90 days, so by the time she graduates, she'll be able to work.

[tru123go 0]

Where is her daughter? If she's in the US, she'll need her own AOS package filed for her (by you, as USC stepparent), which includes I-693.

I-693 can be sent with the initial filing or brought to the interview.

I-485 Supplement A is NOT applicable in your situation.

File in March. She should get her EAD in 90 days, so by the time she graduates, she'll be able to work.

Oh, I left that important detail out. She currently is in China and will be over here on a Tourist Visa for the wedding (along with my fiancee's Mother).

Good, then we will get the I-693 done for both my fiancee and step daughter while she is here.

Ya, that would be prudent to do it in March so the EAD would come in as she graduates so she can just find work at her own pace. I most definitely think that is a good idea.

Thanks for the update!

Edited December 21, 2016 by Zyllos

[EM_Vandaveer 2,417]

Oh, I left that important detail out. She currently is in China and will be over here on a Tourist Visa for the wedding (along with my fiancee's Mother).

Good, then we will get the I-693 done for both my fiancee and step daughter while she is here.

Ya, that would be prudent to do it in March so the EAD would come in as she graduates so she can just find work at her own pace. I most definitely think that is a good idea.

Thanks for the update!

In that case, no, she (your stepdaughter) doesn't need an I-693.

You'll need to file an I-130 for her (after the wedding), she'll go through consular processing in China, she'll have her medical there. Her process will take about a year from I-130 sent to visa in hand.

[tru123go 0]

In that case, no, she (your stepdaughter) doesn't need an I-693.

You'll need to file an I-130 for her (after the wedding), she'll go through consular processing in China, she'll have her medical there. Her process will take about a year from I-130 sent to visa in hand.

Oh, that is completely different than we were expecting.

Okay, so when we submit the I-130 (after our wedding), it has fields on there about both who I am petitioning for (my fiancee) and our children (daughter), correct? So the single I-130 will do both my fiancee and daughter?

Or will there be two separate I-130's, one for my fiancee and one for our daughter?

After everything is submitted and accepted, we will receive word on when to send our daughter to the embassy in China to do the processing?

Edited December 21, 2016 by Zyllos

[EM_Vandaveer 2,417]

Oh, that is completely different than we were expecting.

Okay, so when we submit the I-130 (after our wedding), it has fields on there about both who I am petitioning for (my fiancee) and our children (daughter), correct? So the single I-130 will do both my fiancee and daughter?

Or will there be two separate I-130's, one for my fiancee and one for our daughter?

After everything is submitted and accepted, we will receive word on when to send our daughter to the embassy in China to do the processing?

Separate. Your wife needs a concurrent AOS filing, not just an I-130.

For your stepdaughter, follow this guide:

http://www.visajourney.com/content/i130guide1

For your fiancee (then wife), follow this guide:

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

Like I said, for your stepdaughter, the process will take a year, USCIS approving the I-130 is only the first step. This will take 5-6 months, then it gets sent to NVC, you have to submit documents to them, only after NVC is done processing will it be sent to China.

Edited December 21, 2016 by EM_Vandaveer

[tru123go 0]

Separate. Your wife needs a concurrent AOS filing, not just an I-130.

For your stepdaughter, follow this guide:

http://www.visajourney.com/content/i130guide1

For your fiancee (then wife), follow this guide:

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

Like I said, for your stepdaughter, the process will take a year, USCIS approving the I-130 is only the first step. This will take 5-6 months, then it gets sent to NVC, you have to submit documents to them, only after NVC is done processing will it be sent to China.

Okay, so when we get married, we file (fiancee and I):

I-130/I-485 (with all evidence, additional/optional forms)

Once USCIS has approved the I-130/I-485 filing (but have not finished), then we send in another I-130 for our daughter?

-----

Or, do we send both, separate mailing packages, at the same time, the I-130/I-485 for us and the I-130 for our daughter?

Basically, both processes will be happening at the same time but, it sounds like, my fiancee's package will be completed before our daughter's will.

-----

Thanks for this clarification and updates. When we spoke to our friends on this, it sounded like a single I-130/I-485 will be processed and once my fiancee gets approval, our daughter automatically got approval at the same time. But now knowing this, she has to go do her own process. We will need to sit down and talk about this because that means our daughter will need to do everything with the help of family over in China, having us tell them on what to do and expect, which is a lot different than having her over here with us doing the interview together.

Edited December 21, 2016 by Zyllos

[EM_Vandaveer 2,417]

Okay, so when we get married, we file (fiancee and I):

I-130/I-485 (with all evidence, additional/optional forms)

Once USCIS has approved the I-130/I-485 filing (but have not finished), then we send in another I-130 for our daughter?

-----

Or, do we send both, separate mailing packages, at the same time, the I-130/I-485 for us and the I-130 for our daughter?

Basically, both processes will be happening at the same time but, it sounds like, my fiancee's package will be completed before our daughter's will.

-----

Thanks for this clarification and updates. When we spoke to our friends on this, it sounded like a single I-130/I-485 will be processed and once my fiancee gets approval, our daughter automatically got approval at the same time. But now knowing this, she has to go do her own process. We will need to sit down and talk about this because that means our daughter will need to do everything with the help of family over in China, having us tell them on what to do and expect, which is a lot different than having her over here with us doing the interview together.

You send both in separate mailing packages at the same time.

Your friends were wrong. Your petition for your wife is an immediate relative petition and as such it does NOT allow for derivatives. Which is why you have to have a separate petition for your stepdaughter.

Edited December 21, 2016 by EM_Vandaveer