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Lin2016

f1 student OPT marrying US citizen [merged threads]

By Lin2016 in Adjustment of Status from Work, Student, & Tourist Visas

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Lin2016 Newbie

Lin2016   1

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Hi everyone, 

 

I'm a F1 student from the Netherlands on OPT and I'm together with my bf (U.S. citizen)  for 2 years and want to get married in May/June 2023. However, my OPT expires in June, 2023. I would love to visit my home country, but some people suggested that doing your paperwork in the US will be better than when I returned to the Netherlands. Other questions that I have is :

 

  • Can I file i-130 and i-485 together?
  • OPT expire June marrying in May/June suspicion?
  • Can we move to a different state while it is processing? for example, we live in Kansas and decided during the process, we want to move to Arizona?
  • When we file for i-130 and I-485 can we also file I-765?
  • What if my parents never met my bf but only through Facetime? Will that be a issue? 
  • Form I-864, Affidavit of Support, how much annual income for a marriage green card?

 

Thank you!

 

 

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Lin2016 Newbie

Lin2016   1

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12 minutes ago, linnguyen2016 said:

Hi everyone, 

 

I'm a F1 student from the Netherlands on OPT and I'm together with my bf (U.S. citizen)  for 2 years and want to get married in May/June 2023. However, my OPT expires in June, 2023. I would love to visit my home country, but some people suggested that doing your paperwork in the US will be better than when I returned to the Netherlands. Other questions that I have is :

 

  • Can I file i-130 and i-485 together?
  • OPT expire June marrying in May/June suspicion? (I have been here for almost 7 years, and got my Bachelors Degree last year, met my BF March 2021, moved with bf March 2022.
  • Can we move to a different state while it is processing? for example, we live in Kansas and decided during the process, we want to move to Arizona?
  • When we file for i-130 and I-485 can we also file I-765?
  • What if my parents never met my bf but only through Facetime? Will that be a issue? 
  • Form I-864, Affidavit of Support, how much annual income for a marriage green card?

 

Thank you!

 

 

 

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Boiler Grand Master

Boiler   45,451

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The Guides cover most of this, as far as leaving then the issue is coming back, F1 is a non immigrant visa so you need to marry file and obtain AP to travel.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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AffableAndy Explorer

AffableAndy   107

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  • Can I file i-130 and i-485 together?

Yes, this is called concurrent filing. You can also file I-765 and I-131 which will allow you to work/travel during the approval process (once those specific petitions are approved).

  • OPT expire June marrying in May/June suspicion?

Not if you provide good evidence showing that the relationship is genuine, but honestly remember that your legal marriage and social wedding can be on different days. It can take quite some time for the I-765 to be approved so I recommend not waiting till the last minute.

  • Can we move to a different state while it is processing? for example, we live in Kansas and decided during the process, we want to move to Arizona?

Yes. I moved across the country during my AoS process.

  • When we file for i-130 and I-485 can we also file I-765?

Yes

  • What if my parents never met my bf but only through Facetime? Will that be a issue? 

My parents met my husband for the first time after we had already been married for six months. It wasn't an issue. 

  • Form I-864, Affidavit of Support, how much annual income for a marriage green card?

125% of the annual federal poverty guidelines for a household of your size -  for two people in the contiguous states that's $24,650. More information here: https://www.uscis.gov/i-864p

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Lin2016 Newbie

Lin2016   1

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Hi everyone, 

 

I'm a f1 visa on OPT and it will expire end of June 2023. After my f1 visa expires it has a 60 days of grace period.  My question is let say I apply for my i-130 in May, 2023 and it is still processing does this allows me to stay in the U.S.?

I read on Boundless that "If a visa number will become available after your F-1 visa expires, you will need to leave the United States and follow the same green card application process for most other spouses living abroad and married to a green card holder."  I'm a little confused because others say that while it is processing you are allowed to stay in the U.S. 

 

Thank you!

 

Edited by linnguyen2016
forgot to add more information
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Crazy Cat Grand Master

Crazy Cat   41,814

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34 minutes ago, linnguyen2016 said:

My question is let say I apply for my i-130 in May, 2023 and it is still processing does this allows me to stay in the U.S.?

An I-130 confers no authorized stay.  Perhaps you meant an I-485. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Lin2016 Newbie

Lin2016   1

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37 minutes ago, linnguyen2016 said:

Hi everyone, 

 

I'm a f1 visa on OPT and it will expire end of June 2023. After my f1 visa expires it has a 60 days of grace period.  My question is let say my spouse and me  apply for my i-130 and i485 in May, 2023 and it is still processing does this allows me to stay in the U.S.?

I read on Boundless that "If a visa number will become available after your F-1 visa expires, you will need to leave the United States and follow the same green card application process for most other spouses living abroad and married to a green card holder."  I'm a little confused because others say that while it is processing you are allowed to stay in the U.S. 

 

Thank you!

 

 

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Crazy Cat Grand Master

Crazy Cat   41,814

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7 minutes ago, linnguyen2016 said:

I meant, what if my spouse and me apply for i-130 and i-485 does that allows me to stay while it is processing?

A properly filed I-485 grants the applicant authorized stay inside the US until the adjustment of status is either approved or denied.  However, be aware of the restrictions associated with adjustment of status. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Lin2016 Newbie

Lin2016   1

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15 minutes ago, Crazy Cat said:

A properly filed I-485 grants the applicant authorized stay inside the US until the adjustment of status is either approved or denied.  However, be aware of the restrictions associated with adjustment of status. 

thank you!

8 minutes ago, Sammy_2496 said:

You can adjust status with i130/i130A and I485...The I485 is what will give you authorized status whilst it is processing.

thank you!

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ultrasoul Explorer

ultrasoul   51

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Filed: Citizen (apr) Country: Malaysia
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@linnguyen2016 don’t forget to also do a concurrent filing for I-765 EAD and I-131 advance parole in that same i-130/ I-485 package. There is no extra cost when filing at the EAD/AP combo card at the same time as when you file your I130/I485 combo card

 

You will need the EAD/ AP combo card to continue working in the US and to travel in and out of the US while you wait for your I-485 to adjudicate

Edited by ultrasoul

I-130 JOURNEY FOR 2020 Minor Child of LPR (F2A Online Application, MNL Consular Processing)

07/29/20 Online Filing for I-130, Same day Priority date 
07/31/20 Paper NOA1 mailed by USCIS, received on 08/03/20

07/31/20, 08/15/20, 09/01,20 Expedite Requests denied three times (self-submission and congressman outreach)

09/28/20: I-130 Approved by USCIS, received mailed NOA2 on 10/01/20

10/01/20: NVC electronically receives I-130 petition from USCIS, generates NVC case & invoice number, paid all NVC fees same day

10/05/19: CEAC ready for document uploads

TBD: Waiting for NBI Police Clearance to complete all upload of NVC docs

 

I-130 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application, MNL Consular Processing)

01/18/19 NOA1 I-130 (Priority Date)

08/02/19 Called USCIS to expedite I-130 after 196 days pending,  emailed expedite evidence 08/06/1,  expedite approved 08/09/19

08/13/19: I-130 Approved by USCIS, USCIS sent petition file to NVC 08/29/19 

09/09/19: NVC receives I-130 petition from USCIS, generates case & invoice number on 10/03/19 (paid all NVC fees same day)

10/07/19: CEAC ready for document uploads (AOS and IV documents uploaded to CEAC same day)

11/25/19: NVC Case Complete, NVC emails interview schedules interview on 12/18/19 for 01/06/20

01/06/20: IR-5 Interview in Manila Philippines embassy (MNL); forgot original signed I-864 resulted in 221G, USEM receives original signed I-864 via 2GO courier on 02/04/20
3/4/20: Immigrant Visa Issued by USEM, 2GO carrier picked up passport from USEM 3/6/20 and delivers to residence on 3/10/20

6/10/20: US POE

6/13/20: SSN card mailed date by SSA, delivered to residence on 6/18/20

7/3/20: LPR Green Card ordered, Production on 7/24/20, Mailed by USCIS on 7/27/20, delivered to residence on 7/29/20

 

I-130/ I-485 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application)

01/18/19: NOA1 Received I-130 (priority date, was not concurrently filed with I-485 as we were not sure if we were going to CP or AOS)

06/19/19: USPS receives I-485 package to lockbox (priority date); 06/24/19: Credit card charged ,  USCIS mails out NOA1 06/25/19 with receipt numbers (assigned to MSC National Benefits center),  Received NOA1 from USPS (07/02/19:)

07/05/19:  USCIS mailsout biometrics appointment notice with appointment date for 07/24/19, Received biometrics notice letter from USPS 07/11/19
07/12/19: Walk-in biometrics completed

07/18/19: Called USCIS to expedite EAD, Received mailed USCIS instructions on where to fax expedite evidence from USPS 07/26/19 , Faxed requested evidence for EAD expedite  07/27/19
07/31/19: USCIS approves EAD I-765 and Advanced Parole I-131, USCIS mails out combo EAD/ AP card 08/02/19, Received combo EAD/ AP card via USPS Priority Mail 08/07/19

08/08/19: I-485 Case is Ready to Be Scheduled for An Interview
08/26/19: I-130 Approved (NOA2) by USCIS

12/10/19: FO sends out I-485 interview appointment details for 01/28/20 interview date 

02/06/20: I-485 case approved and NOA2 mailed
02/05/20: Green card ordered, Production and mailed 02/10/20, delivered to residence on 02/12/20

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ultrasoul Explorer

ultrasoul   51

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Filed: Citizen (apr) Country: Malaysia
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@linnguyen2016 forget to add that I’m assuming your spouse is an LPR not USC which means you are looking at a F2A priority green card which is currently not going to be adjudicated for at least 2-3 years based on the current final action date of Sep 2020 date in the April visa bulletin.

 

This makes your inclusion of the I-765 and I-131 in your I-130/ I-485 package even more important

Edited by ultrasoul

I-130 JOURNEY FOR 2020 Minor Child of LPR (F2A Online Application, MNL Consular Processing)

07/29/20 Online Filing for I-130, Same day Priority date 
07/31/20 Paper NOA1 mailed by USCIS, received on 08/03/20

07/31/20, 08/15/20, 09/01,20 Expedite Requests denied three times (self-submission and congressman outreach)

09/28/20: I-130 Approved by USCIS, received mailed NOA2 on 10/01/20

10/01/20: NVC electronically receives I-130 petition from USCIS, generates NVC case & invoice number, paid all NVC fees same day

10/05/19: CEAC ready for document uploads

TBD: Waiting for NBI Police Clearance to complete all upload of NVC docs

 

I-130 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application, MNL Consular Processing)

01/18/19 NOA1 I-130 (Priority Date)

08/02/19 Called USCIS to expedite I-130 after 196 days pending,  emailed expedite evidence 08/06/1,  expedite approved 08/09/19

08/13/19: I-130 Approved by USCIS, USCIS sent petition file to NVC 08/29/19 

09/09/19: NVC receives I-130 petition from USCIS, generates case & invoice number on 10/03/19 (paid all NVC fees same day)

10/07/19: CEAC ready for document uploads (AOS and IV documents uploaded to CEAC same day)

11/25/19: NVC Case Complete, NVC emails interview schedules interview on 12/18/19 for 01/06/20

01/06/20: IR-5 Interview in Manila Philippines embassy (MNL); forgot original signed I-864 resulted in 221G, USEM receives original signed I-864 via 2GO courier on 02/04/20
3/4/20: Immigrant Visa Issued by USEM, 2GO carrier picked up passport from USEM 3/6/20 and delivers to residence on 3/10/20

6/10/20: US POE

6/13/20: SSN card mailed date by SSA, delivered to residence on 6/18/20

7/3/20: LPR Green Card ordered, Production on 7/24/20, Mailed by USCIS on 7/27/20, delivered to residence on 7/29/20

 

I-130/ I-485 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application)

01/18/19: NOA1 Received I-130 (priority date, was not concurrently filed with I-485 as we were not sure if we were going to CP or AOS)

06/19/19: USPS receives I-485 package to lockbox (priority date); 06/24/19: Credit card charged ,  USCIS mails out NOA1 06/25/19 with receipt numbers (assigned to MSC National Benefits center),  Received NOA1 from USPS (07/02/19:)

07/05/19:  USCIS mailsout biometrics appointment notice with appointment date for 07/24/19, Received biometrics notice letter from USPS 07/11/19
07/12/19: Walk-in biometrics completed

07/18/19: Called USCIS to expedite EAD, Received mailed USCIS instructions on where to fax expedite evidence from USPS 07/26/19 , Faxed requested evidence for EAD expedite  07/27/19
07/31/19: USCIS approves EAD I-765 and Advanced Parole I-131, USCIS mails out combo EAD/ AP card 08/02/19, Received combo EAD/ AP card via USPS Priority Mail 08/07/19

08/08/19: I-485 Case is Ready to Be Scheduled for An Interview
08/26/19: I-130 Approved (NOA2) by USCIS

12/10/19: FO sends out I-485 interview appointment details for 01/28/20 interview date 

02/06/20: I-485 case approved and NOA2 mailed
02/05/20: Green card ordered, Production and mailed 02/10/20, delivered to residence on 02/12/20

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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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13 minutes ago, ultrasoul said:

@linnguyen2016 forget to add that I’m assuming your spouse is an LPR not USC which means you are looking at a F2A priority green card which is currently not going to be adjudicated for at least 2-3 years based on the current final action date of Sep 2020 date in the April visa bulletin.

 

This makes your inclusion of the I-765 and I-131 in your I-130/ I-485 package even more important

For Adjustment of Status, isn't table B (Visa Bulletin) used instead of Table A???  In table B, F2A is still current for April. 

I am no expert, so I am asking.

 

image.thumb.png.75f3ad34cd8c62a9b35c308af6a6cc5e.png

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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