Adjustment of stauts f-1 to green card

[a.b.l.k 0]

hello,

I have been trying to do my adjustment of status alone rather than using an attorney which can cost about $4000. And i wanted to make sure that i can do it myself and not mess it up.

background about my case:

           i came to the US in 2014 on an F-1 Visa

           got married on 27/08/2018 to a Us citizen

          stopped attending school after getting married so i was out of status

          visa expiring on 20/7/2019

I have been looking online and found out that being out of status wont be an issue. I also found that i can apply for form I-485 and I-130 concurrently. 

My questions are do i have to have different folders for I-30 and I-485 or can i just put them in the same folder? Both forms require the same documents, for example 2 passport pictures, does that mean that i will need to provide 4 passport pictures? 

 

 

[Just Paul 4,595]

Each form gets processed separately.   You can put in one envelope but each needs it's own check and 2 passport photos.   Also apply for the I751 and I131 as there is no additional cost.

[a.b.l.k 0]

8 minutes ago, Paul & Mary said:

Each form gets processed separately.   You can put in one envelope but each needs it's own check and 2 passport photos.   Also apply for the I751 and I131 as there is no additional cost.

thank you

[a.b.l.k 0]

42 minutes ago, Paul & Mary said:

Each form gets processed separately.   You can put in one envelope but each needs it's own check and 2 passport photos.   Also apply for the I751 and I131 as there is no additional cost.

can i apply for i751 even if we have been married for less than 2 years

[Just Paul 4,595]

5 minutes ago, a.b.l.k said:

can i apply for i751 even if we have been married for less than 2 years

Oops  that should be I-765  the employment authorization.

Edited June 30, 2019 by Paul & Mary

[Going through 5,671]

44 minutes ago, Paul & Mary said:

Each form gets processed separately.   You can put in one envelope but each needs it's own check and 2 passport photos.   Also apply for the I751 and I131 as there is no additional cost.

i-751 is Removal of Conditions---OP is not at that stage yet.

 

1 minute ago, a.b.l.k said:

can i apply for i751 even if we have been married for less than 2 years

I believe Paul & Mary meant applying for the i-765, Employment Authorization.

[a.b.l.k 0]

4 minutes ago, Going through said:

i-751 is Removal of Conditions---OP is not at that stage yet.

 

I believe Paul & Mary meant applying for the i-765, Employment Authorization.

oh alright, thanks for your reply. i also have another question if you can answer me. When i got married i added my husbands last name so now its First name LAst name Husbands last name. however its only in the marriage certificate. My passport and everything else has First name LAst name only. So on the application what name should i use? thank you

[Going through 5,671]

2 minutes ago, a.b.l.k said:

oh alright, thanks for your reply. i also have another question if you can answer me. When i got married i added my husbands last name so now its First name LAst name Husbands last name. however its only in the marriage certificate. My passport and everything else has First name LAst name only. So on the application what name should i use? thank you

The name that matches your marriage certificate---your new legal name.  Presumably this will be the same last name you would wish to appear on your green card, ead, social security card, etc.

[Just Paul 4,595]

3 minutes ago, a.b.l.k said:

oh alright, thanks for your reply. i also have another question if you can answer me. When i got married i added my husbands last name so now its First name LAst name Husbands last name. however its only in the marriage certificate. My passport and everything else has First name LAst name only. So on the application what name should i use? thank you

 

 

The name for your EAD, Green Card , etc, will be in your married name.  Application should be in the married name.

 

But, The visa will be issued in the passport name.   If you want the visa it in your husbands last name you should get a new passport.   They can change the names at the interview if you have a new one (that is what happened to us - she got a new passport since her's was going to expire in a year).

[Going through 5,671]

7 minutes ago, Paul & Mary said:

But, The visa will be issued in the passport name.   If you want the visa it in your husbands last name you should get a new passport.   They can change the names at the interview if you have a new one (that is what happened to us - she got a new passport since her's was going to expire in a year).

OP shouldn't need a new visa since she's adjusting status from within the US based on marriage, so would be under authorized stay while her application is pending...plus she's already stopped attending school since marrying last year, she said?

Edited June 30, 2019 by Going through

[AhsanTX 18]

Just an additional note:
As far as I know, you have to be in a valid status while filing the AOS. Once you file AOS, then you can give up other status since you will be in pending AOS status.  

Edited July 1, 2019 by AhsanTX

[USS_Voyager 1,972]

1 hour ago, AhsanTX said:

Just an additional note:
As far as I know, you have to be in a valid status while filing the AOS. Once you file AOS, then you can give up other status since you will be in pending AOS status.  

That is true for the most part, except for filing AOS as spouse of a US citizen. For spouses of US citizen, any out of status/illegal present period are forgiven. She/he is allowed to adjust status to permanent resident even if they are out of status for 30 years. The only requirement is they had to enter the US legally. In this case, the OP entered the US on an F-1 visa and was properly "inspected and admitted" to the US so there is no issue regarding the out of status. 

[usmsbow 801]

16 hours ago, Paul & Mary said:

 

 

But, The visa will be issued in the passport name.   If you want the visa it in your husbands last name you should get a new passport.   They can change the names at the interview if you have a new one (that is what happened to us - she got a new passport since her's was going to expire in a year).

 As Going through said, there won't be a visa so that's a non-issue.