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Posted

Hi everyone!

 

My fiancé and I are getting married in May, which is when I planned on starting the AOS application, but I realized I have to apply for F1 OPT within the next week or so since I'm almost done with my degree program. The options I've thought of are:

 

1. Start filing for AOS asap (after getting "married" on paper) and not do F1 OPT

2. Apply for F1 OPT now, start AOS application in May without I-765 (work authorization), assuming F1 OPT will get approved 

3. Apply for AOS in May with I-765 and not do F1 OPT

 

What would be the best course of action here? Also, I live in a city with long processing times (ugh) so I wouldn't mind applying for AOS as soon as possible.

 

Thanks! 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Moved to AOS From Work, Student and Tourist Visas, from AOS Family K1/K3 P&P - the OP is here with a student visa and planning to aos.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
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Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

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Filed 03/08/2014

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Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Filed: AOS (pnd) Country: India
Timeline
Posted

Do you have a job lined up? It seems to me that various companies are not interested in OPT EADs because the program is intended to be short term and students technically might require sponsorship for H1B to remain working. An AOS EAD doesn't have that limitation. 

Filed: F-2A Visa Country: Nepal
Timeline
Posted

My suggestion:

 Apply for OPT now and then file for AOS with EAD(for free) once married.

 

This will allow you to work sooner provided you get the related job. OPT and AOS-EAD are two independent items. Once you get EAD down the road, if you are happy with OPT job, stay as is, if not go look for new job with EAD

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: AOS (pnd) Country: Japan
Timeline
Posted
11 hours ago, arken said:

My suggestion:

 Apply for OPT now and then file for AOS with EAD(for free) once married.

 

This will allow you to work sooner provided you get the related job. OPT and AOS-EAD are two independent items. Once you get EAD down the road, if you are happy with OPT job, stay as is, if not go look for new job with EAD

I fully agree with this suggestion. I also applied for F1 OPT (STEM extension in my case) before applying for AOS EAD. You have a while until you get married in May. If you apply for F1 OPT EAD now, you'll be able to start working sooner. 

Posted

In my case, I apply for AOS first then OPT. At the first, I was worry my OPT might not approved. But both AOS and OPT were approved. I got OPT EAD card in 3 months. I was waiting for EAD from AOS for 8months  due to they asked for more documents. So, don't worry. Summit both of them. Good luck

Filed: AOS (apr) Country: India
Timeline
Posted

Apply for OPT for now and apply for AOS/EAD ASAP when you get married. From my experience with CPT, OPT, OPT extension, H1B and then GC EAD it will take anywhere from 3-7 months to get any of them approved. In case of CPT, OPT, OPT extension you can apply for expedite if it has been more than 90 days but for GC EAD, you can apply for expedite if you have an offer letter in hand (does not matter how many days have passed since you applied).

 

Most companies currently are more inclined to NOT hire if you are on any visa that requires sponsorship.

ROC

Filing date: April 21, 2022

USCIS Received: April 25, 2022

NOA1 Date: April 27, 2022 

Credit Card Charged: April 27, 2022

NOA1 received: May 3, 2022   

 

Concurrently filed I-130/131/485/765

F1: May 22, 2012

H1B: Oct 01, 2017

Got Married: June 22, 2019

Sent packets: Aug 06, 2019
USCIS Received Package: Aug 10, 2019
Notification in text/email: August 12, 2019
Credit Card Charged: August 12, 2019
NOA 1 Mail: August 16, 2019
Biometric: September 12, 2019 

RFIE: Oct. 05, 2019 
Sent back RFIE response: Oct 15, 2019

RFIE received: Oct 18, 2019

Case ready to schedule interview: Feb 13, 2020

EAD & AP approved and card being produced: Feb 24, 2020

EAD/AP Card was sentMar 05, 2020

EAD/AP Card was deliveredMar 07, 2020

AOS Approved & Card being produced (NO interview): July 17, 2020

Card Received: Aug 31, 2020

 
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