F1 on OPT Questions on assembling concurrent i-130 and i-485

[Wilson & Hannah 16]

Hi there. Just recently (end of September, 2019) got married to my now husband 💛and after weighing all our options and resources, we have decided to do this without an attorney. We knew it was gonna be difficult but we didn't know it was going to be so meticulous in detail (in reference to my case and specific situation). So I am the beneficiary and I am currently on an OPT and I have an EAD (expires 02/18/2020) and was on an F1 VISA (expired 07/06/19) when I arrived in the US and my husband is the US citizen. So, again, my husband and I are assembling the whole package (concurrent I-130 + I-485) without an attorney and we are running into a couple of issues while completing the forms we have to fill out for this packet. We would love some help on how to do this properly (we really want to avoid even the slightest possibility of receiving RFE, lol who doesn't)... 

 

All our questions:

 

FORM I-131:

- Part 3. Page 2. Item 1 and 2: Date of Intended Departure and Expected Length of Trip (in days): I don't know the date of when I'm planning to travel outside of the US yet so therefor also don't know the length of the trip. Do I leave this blank/N/A? What do I put here?

 

- Part 7. Page 4: On a separate sheet of paper, explain how you qualify for an Advance Parole Document, and what circumstances warrant issuance of advance parole. Include copies of any documents you wish considered. (See instructions):

Do you guys have any advice on how to "explain how one qualifies for Advance Parole"? lol. 

 

FORM I-765:

- Part 1. Page 1. Item 1.a: I am applying for (select only one box):

√ Initial permission to accept employment.

- Replacement of lost, stolen, or damaged employment authorization document or correction my employment authorization document NOT DUE to US Citizenship and Immigration Services error.

- Renewal of my permission to accept employment. Attach a copy of your previous employment authorization document. 

 

I selected the "initial permission to accept employment" because I thought that this is a different case (Adjustment of Status through spouse) than me applying for a renewal of my EAD that I got through being an F1 student. Did I interpret this correctly?

 

- Part 2. Page 3. Item 25: "Your current Immigration Status or Category (for examples, B-2 visitor, F-1 student, parolee, deferred action, or no status or category)": I put "F-1 STUDENT ON OPT. Should I put something different?

 

- Part 2. Page 3. Item 27: Eligibility Category: Would it be (c)(9)?

 

FORM I-485:

- Part 1. Page 2. Item 19: "Nonimmigrant Visa Number from this Passport": So I have two passports from my foreign country (one is expired and one is current). The one that has my expired VISA in it is the expired passport. The one I used at my last arrival is my current passport that doesn't contain the VISA number in it. Should I include the Nonimmigrant Visa Number in the answer of item 19 even though it isn't in reference to "this Passport"?

 

- Part 1. Page 3. Item 24: "What is your current immigration status (if it has changed since your arrival?": At my arrival I was still in school and hadn't graduated yet. It was F1 at the time, but is it now F1 on OPT? Now that I am on an OPT but my VISA has expired.. what is my current immigration status? 

 

- Part 2. Page 3. Item NOTE: "Attach a copy of the Form I-797 receipt or approval notice for the underlying petition or application, as appropriate.": Isn't this only applicable in the case of when someone files just an I-130 instead of a concurrent I-130 and I-485?

 

- Part 5. Page 7. Item 10: "Is your current spouse applying with you?": Thats a no right? Because he is a US Citizen and doesn't "need" to apply for a permanent residence? 

 

FORM I-130/FORM I-130A/I-485:

- Mailing Address: Me and my husband are a little worried about having our mailing address be the same as our physical address just because we don't know if we will be living at our place for longer than the next 3 months. We were thinking that the USCIS would send all the documents to our mailing address only right? Therefore we were planning on putting my husband's parent's address (in Texas) on the forms instead of our physical address. Would this be the safe option? Has anyone done that before?

 

- Employment History: item #: 42. - 49.b: Like I said, I'm on an OPT but because I am a freelance video artist, I have had multiple gigs (+7) over the course of this year since I have gotten my OPT but I have NEVER worked anywhere as a Full Time or Part Time employee. Should I list all the gigs I have done titling the Employer: "Self Employed" and Address: my home address and Occupation: OPT Freelance Video for _____(company) ? or should I title the Employer: the employer I did the gig for and state the Occupation as: OPT Freelance Video? I have also worked at my school as a teacher assistant multiple times for multiple teachers, so I am guessing I should include all those as well?

 

Someone recommended me to fill out Employer 1 as OPT-F1-STUDENT-ACADEMIC and state the Date to: time that my OPT started and Date from: PRESENT and then just start at Employer 2 on the most recent gig I did, but I'm really not sure about that suggestion..

 

- Additional Information: So on almost every form there is a section to include additional information for Previous Employers or Previous Home Addresses. The thing that confuses me is what item number to refer to (together with the page number and part number). How did you guys gather what item number to put in?

 

 

Any answer to any question would be more than appreciated. I know it's a lot of info and we have many doubts but we would be very grateful for any help or input!

 

 

[risky_fox 8]

Take my advice with a grain of skepticism and I am not a legal expert by any means.

For the I-765 everything seems good as you described. Just FYI - they will issue a new A-number and you will NOT be covered with an automatic 180-day extension.

For I-485 (and in general) I would be extremely careful about "freelance OPT", check with “Policy Guidance For Student and Exchange Visitor Program and Designated School Officials of SEVP-Certified Schools with F-1 Students Eligible for or Pursuing Post-Completion Optional Practical Training” - they have different categories and requirements for a paper-trail of your work/gigs (page 17).

Don't overthink your mailing/physical address - just put the current one. AOS takes forever, you'll have plenty of time to file change of address (AR-11) if you move.

I put "Pending adjustment of status" as current status.

[my&aaron 54]

I also adjusted from F1-OPT so I can speak from my experience. See below for the answers in red - I hope it helps!

 

FORM I-131:

- Part 3. Page 2. Item 1 and 2: Date of Intended Departure and Expected Length of Trip (in days): I don't know the date of when I'm planning to travel outside of the US yet so therefor also don't know the length of the trip. Do I leave this blank/N/A? What do I put here? 

 

- Part 7. Page 4: On a separate sheet of paper, explain how you qualify for an Advance Parole Document, and what circumstances warrant issuance of advance parole. Include copies of any documents you wish considered. (See instructions):

Do you guys have any advice on how to "explain how one qualifies for Advance Parole"? lol. 

You do not need to answer this. 

 

FORM I-765:

- Part 1. Page 1. Item 1.a: I am applying for (select only one box):

√ Initial permission to accept employment.

- Replacement of lost, stolen, or damaged employment authorization document or correction my employment authorization document NOT DUE to US Citizenship and Immigration Services error.

- Renewal of my permission to accept employment. Attach a copy of your previous employment authorization document. 

 

I selected the "initial permission to accept employment" because I thought that this is a different case (Adjustment of Status through spouse) than me applying for a renewal of my EAD that I got through being an F1 student. Did I interpret this correctly? You are correct. 

 

- Part 2. Page 3. Item 25: "Your current Immigration Status or Category (for examples, B-2 visitor, F-1 student, parolee, deferred action, or no status or category)": I put "F-1 STUDENT ON OPT. Should I put something different?

Yes. Or just F-1 Student 

 

- Part 2. Page 3. Item 27: Eligibility Category: Would it be (c)(9)?

Yes.

 

FORM I-485:

- Part 1. Page 2. Item 19: "Nonimmigrant Visa Number from this Passport": So I have two passports from my foreign country (one is expired and one is current). The one that has my expired VISA in it is the expired passport. The one I used at my last arrival is my current passport that doesn't contain the VISA number in it. Should I include the Nonimmigrant Visa Number in the answer of item 19 even though it isn't in reference to "this Passport"?

 

- Part 1. Page 3. Item 24: "What is your current immigration status (if it has changed since your arrival?": At my arrival I was still in school and hadn't graduated yet. It was F1 at the time, but is it now F1 on OPT? Now that I am on an OPT but my VISA has expired.. what is my current immigration status? 

You are still an F-1 Student, just now on OPT. So put F-1 Student. 

 

- Part 2. Page 3. Item NOTE: "Attach a copy of the Form I-797 receipt or approval notice for the underlying petition or application, as appropriate.": Isn't this only applicable in the case of when someone files just an I-130 instead of a concurrent I-130 and I-485?

Not needed. 

 

- Part 5. Page 7. Item 10: "Is your current spouse applying with you?": Thats a no right? Because he is a US Citizen and doesn't "need" to apply for a permanent residence? 

You are correct. 

 

FORM I-130/FORM I-130A/I-485:

- Mailing Address: Me and my husband are a little worried about having our mailing address be the same as our physical address just because we don't know if we will be living at our place for longer than the next 3 months. We were thinking that the USCIS would send all the documents to our mailing address only right? Therefore we were planning on putting my husband's parent's address (in Texas) on the forms instead of our physical address. Would this be the safe option? Has anyone done that before?

 

- Employment History: item #: 42. - 49.b: Like I said, I'm on an OPT but because I am a freelance video artist, I have had multiple gigs (+7) over the course of this year since I have gotten my OPT but I have NEVER worked anywhere as a Full Time or Part Time employee. Should I list all the gigs I have done titling the Employer: "Self Employed" and Address: my home address and Occupation: OPT Freelance Video for _____(company) ? or should I title the Employer: the employer I did the gig for and state the Occupation as: OPT Freelance Video? I have also worked at my school as a teacher assistant multiple times for multiple teachers, so I am guessing I should include all those as well?

 

Someone recommended me to fill out Employer 1 as OPT-F1-STUDENT-ACADEMIC and state the Date to: time that my OPT started and Date from: PRESENT and then just start at Employer 2 on the most recent gig I did, but I'm really not sure about that suggestion..

 

- Additional Information: So on almost every form there is a section to include additional information for Previous Employers or Previous Home Addresses. The thing that confuses me is what item number to refer to (together with the page number and part number). How did you guys gather what item number to put in?

My examples: 

- (I-485) For address history

3. a. Page Number: 4

3.b. Part Number: 3 

3.c. Item Number: leave blank 

3.d. 

Address History: Physical Address 3

 

Address

 

Date From: 
Date To: 

 

4. a/b/c/: same as 3.

4.d.

Address History: Physical Address 4 

 

 

Address

 

Date From: 
Date To: 

 

Continue with the physical address 5,6,7. 

 

 

Edited November 25, 2019 by my&aaron

[Wilson & Hannah 16]

Thanks so much risky_fox and my&aaron 🌈🌼 we really appreciate it :)!! x