Canadian with OPT applying for Green Card - Married to US Citizen

[Rachel Ann 0]

Hi everyone,

I was told about visajourney by a friend who also was looking for advice for her immigrant situation. I have LOTS of questions...here's my situation:

My husband (Canadian) and I (American) met at college in the States. We got engaged last fall and got married this past summer (2011). My husband applied and received an OPT Visa, and is currently working under that visa (which started June 20). We're now trying to figure out the best and easiest way to apply for a green card.

From what I understand, he is allowed to live in the States after his OPT is expired, if he doesn't get his green card by then (he just won't be able to work until his GC comes). So we won't have to worry about him being kicked out of the States. BUT, we don't want him to have to go without work for awhile and wait for this GC to come.

I've done a little research, and it all seems so confusing to me. I found a few forums on this website that are similar to our situation. From what I gather, this is what we should do:

I (the immigrant's wife) need to file a Petition (I-130) for my husband. We can fill this out and send it in with the forms: Application for Employment Authorization(I-765) and Application to Register Permanent Residence or Adjustment of Status(I-485). Is this all we need to file? I understand and some of these forms call for other forms, such as the G-325A (Biographic Information). But is it basically just these 3 forms?

Is this right? Or is there an easier way for someone with an OPT and married to an American citizen to become a permanent resident?

Any help you could offer would be great!

[Harpa Timsah 13,258]

Here is the guide. http://www.visajourney.com/content/i130guide2

It is called a I-130/I-485 CONCURRENT Application. The main parts are the i-130, which establishes a familial relationship and creates a visa number, and the I-485, which makes his a permanent resident and gets him a Greencard (proof of permanent residency). The forms I-131 and I-765 are temporary travel and work permissions, respectively, which are to be used while the package is pending. The whole process takes around 3-5 months. If his OPT won't expire until after that (looks like it's good for a while) then you don't need to apply for the EAD. It is free when filed in conjunction with the I-485, so you can get it if you want. What will change is that he cannot leave the country once the package is submitted, until he gets his temporary travel permission, which takes 2-3 months, so plan 2-3 months where he can't travel abroad.

Good luck!

[Rachel Ann 0]

Hi everyone,

Let me tell you a little about my situation:

My husband and I met at school about 4 years ago, in the States. I'm an American citizen, born and raised in Chicago. My husband is Canadian, born and raised in Ontario. We got engaged last Fall, and were married in June 2011. Since we decided to live in the States, he applied and received an OPT (Optional Practical Training) visa, which started in June. He has a job now, so he is working through his OPT visa.

However, this OPT is only good until June 19, 2012. We're trying to figure out how to apply for a green card. Is it true that we need to fill out the I-130 and I-485, and that's it (I understand there are other forms that need to be filled out within these forms)? Since he applied for the I-765 already, does he need to apply for it again to get a green card?

Just a couple questions we have:

1. Can we send in the I-130 and I-485 at the same time?

2. His I-94 does not have an expiration date on it anywhere. One of the forms asks for his expiration date...what should we put?

We are so lost and confused, so if anyone could help, that would be MUCH appreciated!!

[canadian_wife 1,829]

http://www.visajourney.com/content/i130guide2

Follow the guide above. File soon-ish so as to not cause problems with his OPT and falling out of status

His I-94 as a Canadian shouldn't have an expiration date on it, but his new OPT I20 should. Use that

Good luck

[Harpa Timsah 13,258]

I answered your other thread: http://www.visajourney.com/forums/topic/325800-canadian-with-opt-applying-for-green-card-married-to-us-citizen/page__view__findpost__p__4858834

[Rachel Ann 0]

Here is the guide. http://www.visajourney.com/content/i130guide2

It is called a I-130/I-485 CONCURRENT Application. The main parts are the i-130, which establishes a familial relationship and creates a visa number, and the I-485, which makes his a permanent resident and gets him a Greencard (proof of permanent residency). The forms I-131 and I-765 are temporary travel and work permissions, respectively, which are to be used while the package is pending. The whole process takes around 3-5 months. If his OPT won't expire until after that (looks like it's good for a while) then you don't need to apply for the EAD. It is free when filed in conjunction with the I-485, so you can get it if you want. What will change is that he cannot leave the country once the package is submitted, until he gets his temporary travel permission, which takes 2-3 months, so plan 2-3 months where he can't travel abroad.

Good luck!

Thanks, Harpa! That link helped a TON!

I have a few more questions:

1. The I-130 form seems pretty straight forward. But for the I-485, it says that we have to fill out an I-693 form for a Medical Examination? Does he need to get an exam and fill this out? Or is this only for certain situations?

2. Also, the I-485 has a Supplement A form...do I need to fill this out?

3. What is an I-601. Again, should I fill this out, or is this only for certain situations?

Thanks SO much for your response!

[Rachel Ann 0]

http://www.visajourney.com/content/i130guide2

Follow the guide above. File soon-ish so as to not cause problems with his OPT and falling out of status

His I-94 as a Canadian shouldn't have an expiration date on it, but his new OPT I20 should. Use that

Good luck

Thanks so much for your response!!

I answered your other thread: http://www.visajourney.com/forums/topic/325800-canadian-with-opt-applying-for-green-card-married-to-us-citizen/page__view__findpost__p__4858834

Got it! Thanks!

[Harpa Timsah 13,258]

1. yes, he will need a medical exam with the results filled out by a Civil Surgeon on form I-693. The CS will hand you a sealed envelope when the exam is over (usually two visit over the course of a few days), and you send that envelope (don't open it!) with your package. You can find USCIS-approved Civil Surgeons in your area at uscis.gov

2. No supplement.

3. No I-601.

[Kathryn41 3,205]

Welcome Rachel Ann,

I've moved your thread from the Introducing Our Members to the AOS Forum and merged with your other thread already here so that all of the information can be kept in one location. Good luck.

Edited August 22, 2011 by Kathryn41

[Rachel Ann 0]

1. yes, he will need a medical exam with the results filled out by a Civil Surgeon on form I-693. The CS will hand you a sealed envelope when the exam is over (usually two visit over the course of a few days), and you send that envelope (don't open it!) with your package. You can find USCIS-approved Civil Surgeons in your area at uscis.gov

2. No supplement.

3. No I-601.

You are a great help! Thanks!

[Rachel Ann 0]

http://www.visajourney.com/content/i130guide2

Follow the guide above. File soon-ish so as to not cause problems with his OPT and falling out of status

His I-94 as a Canadian shouldn't have an expiration date on it, but his new OPT I20 should. Use that

Good luck

I should ask, why isn't there any expiration date? If the form says, "Date authorized stay expired, or will expire, as shown on Form I94 or I-95," does the expiration date from the OPT make sens to put here?

[canadian_wife 1,829]

Yes, it is different for Canadians, the I20 expiration date goes there

Good luck

[Rachel Ann 0]

Yes, it is different for Canadians, the I20 expiration date goes there

Good luck

Got it! I just asked someone from our school that helped us with the OPT. She said that we should write D/S, which means duration of stay. Thanks for your help.

[Harpa Timsah 13,258]

Yes, the OPT is tied to the original F-1 visa, whose length of authorized stay was D/S.

Edited August 22, 2011 by Harpa Timsah

[milimelo 4,561]

Moving to AOS from student, work, tourist visa.