I posted this same question on the wrong forum, so I'm posting it here.
I recently got married to a permanent resident. I am currently in the US under STEM OPT, I was born in a rest of world country (not India, China, ..etc.).
We are planning to file I-130 for me, however, I do not have much time left in legal status, and as a spouse of a legal permanent resident (LPR), I cannot file I-485 until my priority date would become current, and I would not be forgiven for any unauthorized stay, again, as my spouse is a LPR.
So, the current plan is file I-130 before Trump presidency starts, and to enroll in graduate school starting in January to get a graduate degree and also to maintain legal status for the next few years, until my priority date becomes current and I can file form I-485 and get a work authorization and remain here legally without a visa until I get the green card.
This would mean that I would have to transfer my I-20 to the graduate school. My worry is that transferring the I-20 after filing I-130 would cause a misrepresentation issue, as form I-20 makes you sign at the end stating that I will be returning to my home country after I am done with my studies.
Should we file I-130 after 90 days of receiving the I-20 from the new school and signing it in January 2025, or should we file I-130 now? If we do, will it cause misrepresentation or other issues?
Could you help me with how to proceed with this in the best way possible? How should we proceed?