Chique45

Thank you so much! It is a relief

Thanks! My main question is, though, whether I can stay and work in the US after my I-20 expires in December? The person at the international office on campus wasn't knowledgeable on the subject...

Hi everyone! 

I spent a few hours looking for the answer to my question but don't seem to find it... I married a US citizen while on F-1 visa last December and got my EAD/Travel Combo card based on our I-485/130 application this June. Our I-485 is still pending (currently at "Your Case is Ready to be Scheduled for an Interview" stage). My I-20 expires this December right after I graduate from my school. My question is: I have no further intention of going to school in the near future, so am I okay staying in the country and just working using my EAD while our application is pending? If so, will I be able to simply renew my card next summer (as my EAD is valid only through June 2019). 

Thanks much!

It's a big package but the main parts are the I-130 and I-485. The other forms in the guide listed (and in the instructions) are related to the I-485 and are required too. But the I-130/I-485 is the big umbrella that those other forms fall under.

And, while we're at it. Not only can you stay while this is processing, but you actually can't leave, or you forfeit your application. You can file the I-131 for travel permission, but it will take 90 days to approve. You won't be able to leave before that without abandoning your application.

Once you get your Greencard you can work and travel in the US like a normal person and no longer need the special permissions.

Thank you so much! Your information helped a lot!

That is the instructions for an immigrant visa. That visa turns into a Greencard when the person enters the US. You are already in the US so you need to change your status to a Greencard. No spouse of a US Citizen lives in the US on a visa; they live here as permanent residents (Greencard holders). Hope that clears it up a bit.

So yes, you CAN just file I-130. But doing so does not protect you from deportation or anything. The approval of that petition just proves that a person has a petitionable relationship.

Since you are in the US, filing the I-485 is the thing that protects you from deportation. You can only file that in conjunction with the I-130 because the I-485 needs to be based on an approvable petition.

Thanks a lot, it did help!

Just to be clear, when you say ''concurrent I-130/I-485", do you talk about submitting only these two first or submitting all the other forms as well at the same time?

Like Harpa Timsah said, I-130 does not give you authorized stay.

Concurrent filing does.

Even if he finds a job right after graduating, USCIS usually wants to see 6+ months at present job.

You'll need a joint sponsor.

Got it.

Now, if I understand correctly, if we submit the paperwork before my I-94 expires, am I legally allowed to stay in the country while our case is being reviewed?

Yes, but filing a I-130 alone does not allow you to stay in the US and gives you no benefit. You'd be better off getting a co-sponsor.

I see. The only reason we believed it was the right way was because USCIS has the following procedure on the website: https://travel.state.gov/content/visas/en/immigrate/immigrant-process.html

Step 1 - Submit a Petition (I-130)

Step 2 - After approval, submit all the other forms.

That is why we were confused as to what the right way to proceed is.

The thing is, he is still a student and has no income, so filling out I-864 could be an issue, so we were hoping that we could send out I-130 first and, if it's approved, submit everything else afterwards (as he will graduate in a few months).

Would that be possible at all?

Hi everyone,

I am currently in the US on B1/B2 visa and my boyfriend and I are planning to get married before my I-94 expires. I am confused about the procedure that follows marriage, so my questions are the following:

- Do we submit I-130 ONLY and wait for approval before proceeding with other forms? OR

- Do we have to submit the whole package (I-130, I-485, I-693, I-864 and G325A) and then wait for them to process it?

Thanks