I'm currently on F1 visa and decided to marry my GF

[John0822 0]

Hi folks,

 

So I have a serious American girl friend that I have been dating for about 7 months. I just graduated from college on F-1 and now I am currently staying in the states under OPT, which grants me 90 days to look for a job (my last day under OPT is right around May 20th). Because of the coronavirus pandemic, my job searching has been extended a lot longer than expected and me and my girl friend decided to marry a bit earlier than we had planned. I have researched what I needed to do in terms of getting a marriage license. However, when it comes to documents and deadlines regarding immigration, I am a bit uncertain. I read from https://www.uscis.gov/sites/default/files/USCIS/Resources/A2en.pdf that I'll be needing I-130 from my spouse and I-485 from myself. My question is are I-130 and I-485 all the documents that are needed? and do I have to be approved before May 20th? or can I apply before my last day to not breach any immigration laws? Thanks a lot in advance : ) 

[John0822 0]

I forgot to ask, but is there a way to legally change my current name while filling the I-485 document? or would I have to file I-90 separately afterwards? 

[geowrian 22,337]

50 minutes ago, John0822 said:

I read from https://www.uscis.gov/sites/default/files/USCIS/Resources/A2en.pdf that I'll be needing I-130 from my spouse and I-485 from myself. My question is are I-130 and I-485 all the documents that are needed? and do I have to be approved before May 20th? or can I apply before my last day to not breach any immigration laws?

Those are the 2 main forms. However, each of those forms has other documents and forms required. Become an A student of the instructions. Everything needed is listed in them.

There is also a guide on this website:

NOTE: This is not updated to include the I-944 + supporting documents that go with it. Don't forget the I-944!

 

Once properly filed, you are granted authorized stay while your case is pending. This is NOT legal status - it just allows you to stay while awaiting a decision.

You should file an I-765 for a EAD (work authorization) and I-131 for AP (to travel abroad and return to the US). These are no additional cost in your case.

 

31 minutes ago, John0822 said:

I forgot to ask, but is there a way to legally change my current name while filling the I-485 document? or would I have to file I-90 separately afterwards? 

You change your name first, then list the name on the various forms. I'm assuming you are changing your name based on the marriage. If so, you do this by simply using the new name...there is no official registration of the new name. Then you start updating your documents to use said name, showing the marriage certificate (a legal name change document) as evidence of the change. Note that only certain name changes are permitted via marriage...in general, first name changes are not permissible name changes via marriage. Also certain combinations of middle and last name changes (hyphenated, maiden name to middle name, etc.) are not permissible depending on state law.

[Ryan H 3,812]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[my&aaron 54]

On 4/10/2020 at 6:51 PM, John0822 said:

and do I have to be approved before May 20th? or can I apply before my last day to not breach any immigration laws? Thanks a lot in advance : ) 

You are granted a grace period of 60 days after your OPT end date of May 20th so just make sure to have your application submitted before your grace period is over.

Edited April 16, 2020 by my&aaron

[Rocio0010 5,579]

You'll need to submit these forms: I-944, I-485, I-130 más I-130A. Those are forms that you HAVE TO submit. 

Then, if you want to be able to work and travel outside the US while AOS is pending, you want to include forms I-765 and I-131.

[juancarlos 126]

On 4/16/2020 at 7:58 PM, ra0010 said:

You'll need to submit these forms: I-944, I-485, I-130 más I-130A. Those are forms that you HAVE TO submit. 

Then, if you want to be able to work and travel outside the US while AOS is pending, you want to include forms I-765 and I-131.

Is not the form I-864 Affidavit of support missing here?

[Just Paul 4,595]

14 minutes ago, juancarlos said:

Is not the form I-864 Affidavit of support missing here?

Correct - it is needed