Opt visa filing for green card

[Wwahito 0]

Hi,

I have an opt visa which is expiring very soon beginning of August 2017, My American Fiancé and I are planning to have a civil wedding soon, then apply for my green card. My question is is it too late to file?

Do I really need to hire a lawyer for the process?

After filing for the GC will i be able to continue working?

 

thanks. 

[RRR2016 21]

Yes. You should file for an AOS shortly  after you are married. You can initiate and continue the process with out the help of a lawyer.

[millefleur 5,034]

**Moved from DCF to AOS from Work, Student & Tourist visas**

[azblk 338]

6 hours ago, Wwahito said:

Hi,

I have an opt visa which is expiring very soon beginning of August 2017, My American Fiancé and I are planning to have a civil wedding soon, then apply for my green card. My question is is it too late to file?

Do I really need to hire a lawyer for the process?

After filing for the GC will i be able to continue working?

 

thanks. 

just get married and file as soon as possible.

no you don't need a lawyer ( its pretty straight forward).

You will not be able to work  after your OPT expires until you receive a work permit ( roughly 90 days), again if you move quickly you minimize the time you will be out of work and if you application has been pending for sometime you can try to expedite work so there is no job interruption.

 

[Wwahito 0]

2 hours ago, azblk said:

just get married and file as soon as possible.

no you don't need a lawyer ( its pretty straight forward).

You will not be able to work  after your OPT expires until you receive a work permit ( roughly 90 days), again if you move quickly you minimize the time you will be out of work and if you application has been pending for sometime you can try to expedite work so there is no job interruption.

 

Oh wow didnt Know i would have to stop working. Thank you, 

Also do i have to take a medical exam even though i've been in the US for 2 years plus

[azblk 338]

48 minutes ago, Wwahito said:

Oh wow didnt Know i would have to stop working. Thank you, 

Also do i have to take a medical exam even though i've been in the US for 2 years plus

yes you have to take medical exam and you have to stop working if you OPT runs out before you get your work permit or green card. Your employer will terminate you. They are already aware that that date is coming

 

[Wwahito 0]

11 hours ago, azblk said:

yes you have to take medical exam and you have to stop working if you OPT runs out before you get your work permit or green card. Your employer will terminate you. They are already aware that that date is coming

 

Ok thank you for your advice.

So my fiancé earns 28,800 a year before tax, will we need a sponsor? 

Also do we send all 7 forms together? 

[azblk 338]

21 minutes ago, Wwahito said:

Ok thank you for your advice.

So my fiancé earns 28,800 a year before tax, will we need a sponsor? 

Also do we send all 7 forms together? 

It depends on the household size in other words how many dependents your husband to be claimed on his taxes. If its just the 2 of you , then you will be fine. if more then he needs to make more. here is the uscis guidelines https://www.uscis.gov/i-864p.

Yes its better and easier to send everything together. you can use the attached template as a guide for you. Edit and customize to suit your needs.

 

USCIS

For U.S. Postal Service:

USCIS
P.O. Box 805887
Chicago, IL 60680-4120

For Express mail and courier deliveries:

USCIS
FBAS
131 South Dearborn-3^rd Floor
Chicago, IL 60603-5517

Petitioner (US Citizen): NAME
Beneficiary (Alien Spouse): NAME
Joint Sponsor: NAME

Date: February xx, 2017

To whom it may concern,

Dear Sir/Madam,

Please find enclosed documentations for the concurrent filing of the following forms with all supporting documents:

I-130/I-130A (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-864 (Affidavit of Support), I-765 (Application for Employment Authorization) and I-131 (Application for Travel Document).

I-130 – Petition for Alien Relative

1. Money Order $535: Payable to Department of Homeland Security

2. Form I-130 – Petition for Alien Relative

3. Form G-1145 e-Notification of Application/Petition Acceptance

4. Copy of Petitioner’s Birth Certificate

5. Copy of Beneficiary’s Passport Biographic Page and Non-Immigrant Visa Page

6. Copy of Beneficiary’s Foreign Birth Certificate with Certified Translation

7. Copy of Marriage Certificate

8. Two Passport-style Photo of Petitioner

9. Two Passport-style Photo of Beneficiary

10. Form I-130A.

11. Evidence of Bona Fide Marriage;

1. • • Plane tickets and itineraries

     • Wedding photos

     • Vacation photos

     • Copy of mailed address for birthday cards

     • Christmas cards

     • Call Histories

I-485 - Application to Register Permanent Residence or Adjust Status

1. Money Order $1225 (includes Biometric Fees): Payable to Department of Homeland Security

2. Form I-485 - Application to Register Permanent Residence or Adjust Status

3. Form G-1145 e-Notification of Application/Petition Acceptance

4. Copy of Beneficiary’s Foreign Birth Certificate with Certified Translation

5. Copy of Beneficiary’s Passport Biographic Page and Non-Immigrant Visa Page

6. Copy of Beneficiary’s Electronic Form I-94 - Arrival/Departure Record

7. Two Passport-style Photo of Beneficiary.

8. Form I- 693 – I-693, Report of Medical Examination and Vaccination Record.

9. Form G-325A, Biographic Information Sheet for Beneficiary.

10. FORM I-864 - Affidavit of Support: Completed by Petitioner(I-864A for each joint sponsor).

1. 1. 1. Copy of Petitioner’s Birth Certificate/naturalization certificate/Proof of LPR

      2. Copy of Petitioner’s Newest tax return

I-765 - Application for Employment Authorization:

1. Form I-765 - Application for Employment Authorization

2. Copy of Beneficiary’s Passport Biographic Page

3. Two Passport-style Photos of Beneficiary

 

I-131 - Application for Travel Document:

1. Form I-131 - Application for Travel Document

2. Copy of Beneficiary’s Passport Biographic Page

3. Two Passport-style Photos of Beneficiary

4. Copy of Beneficiary’s Electronic Form I-94 - Arrival/Departure Record

 

 

Name

Signature

 

 

[Wwahito 0]

1 hour ago, azblk said:

It depends on the household size in other words how many dependents your husband to be claimed on his taxes. If its just the 2 of you , then you will be fine. if more then he needs to make more. here is the uscis guidelines https://www.uscis.gov/i-864p.

Yes its better and easier to send everything together. you can use the attached template as a guide for you. Edit and customize to suit your needs.

 

USCIS

For U.S. Postal Service:

USCIS
P.O. Box 805887
Chicago, IL 60680-4120

For Express mail and courier deliveries:

USCIS
FBAS
131 South Dearborn-3^rd Floor
Chicago, IL 60603-5517

Petitioner (US Citizen): NAME
Beneficiary (Alien Spouse): NAME
Joint Sponsor: NAME

Date: February xx, 2017

To whom it may concern,

Dear Sir/Madam,

Please find enclosed documentations for the concurrent filing of the following forms with all supporting documents:

I-130/I-130A (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-864 (Affidavit of Support), I-765 (Application for Employment Authorization) and I-131 (Application for Travel Document).

I-130 – Petition for Alien Relative

1. Money Order $535: Payable to Department of Homeland Security

2. Form I-130 – Petition for Alien Relative

3. Form G-1145 e-Notification of Application/Petition Acceptance

4. Copy of Petitioner’s Birth Certificate

5. Copy of Beneficiary’s Passport Biographic Page and Non-Immigrant Visa Page

6. Copy of Beneficiary’s Foreign Birth Certificate with Certified Translation

7. Copy of Marriage Certificate

8. Two Passport-style Photo of Petitioner

9. Two Passport-style Photo of Beneficiary

10. Form I-130A.

11. Evidence of Bona Fide Marriage;

1. • • Plane tickets and itineraries

     • Wedding photos

     • Vacation photos

     • Copy of mailed address for birthday cards

     • Christmas cards

     • Call Histories

I-485 - Application to Register Permanent Residence or Adjust Status

1. Money Order $1225 (includes Biometric Fees): Payable to Department of Homeland Security

2. Form I-485 - Application to Register Permanent Residence or Adjust Status

3. Form G-1145 e-Notification of Application/Petition Acceptance

4. Copy of Beneficiary’s Foreign Birth Certificate with Certified Translation

5. Copy of Beneficiary’s Passport Biographic Page and Non-Immigrant Visa Page

6. Copy of Beneficiary’s Electronic Form I-94 - Arrival/Departure Record

7. Two Passport-style Photo of Beneficiary.

8. Form I- 693 – I-693, Report of Medical Examination and Vaccination Record.

9. Form G-325A, Biographic Information Sheet for Beneficiary.

10. FORM I-864 - Affidavit of Support: Completed by Petitioner(I-864A for each joint sponsor).

1. 1. 1. Copy of Petitioner’s Birth Certificate/naturalization certificate/Proof of LPR

      2. Copy of Petitioner’s Newest tax return

I-765 - Application for Employment Authorization:

1. Form I-765 - Application for Employment Authorization

2. Copy of Beneficiary’s Passport Biographic Page

3. Two Passport-style Photos of Beneficiary

 

I-131 - Application for Travel Document:

1. Form I-131 - Application for Travel Document

2. Copy of Beneficiary’s Passport Biographic Page

3. Two Passport-style Photos of Beneficiary

4. Copy of Beneficiary’s Electronic Form I-94 - Arrival/Departure Record

 

 

Name

Signature

 

 

Thank you for the template.

so if we don't need a Sponsor do we need an affidavit of support filed by petitioner... what exactly or who exactly files that? 

[azblk 338]

Your husband to be is your sponsor. He fills out i-130 and i-864 ( affidavit of support). You fill out the rest i-130A, i-131,i-485,  i-765 and i-693.

[Wwahito 0]

8 hours ago, azblk said:

Your husband to be is your sponsor. He fills out i-130 and i-864 ( affidavit of support). You fill out the rest i-130A, i-131,i-485,  i-765 and i-693.

Ok great thank you so much for your help definitely lifted a weight of my shoulder. 

[xillini 71]

There are some careful points you want to take

1. If you are eligible for STEM OPT extension, you want to apply to I 765 based on STEM OPT and then applied to I-485. 
The moment that you apply I-485, you will not be granted for I-20 if ever your international student office knows and even if I-20 is granted without awareness of your international student office and get every document ready, USCIS is definitely gonna be aware of it. It is conflicts of immigration laws that OPT is only priviliges for those students who do not have intent to immigrat to US, but since you have officially signed I-485, showing your intent of immigration to US, you no longer are

qualified for STEM OPT. 

(In fact, some school automatically makes your F1 visa out of status when they are aware that you have filed for AOS)

 

I believe this is common mistakes as I have dealt with it. 

 

2. Depending on an officer to review your application, and if you include your OPT income to prove I-864, affidavit of finance, it may be RFE if an officer does not take your OPT income, regarding the income as temporary, not permanent source. The rule of thumb in immigration law is it is case-by-case,
so you may just happen to be reviewed by an officer who wants a strict interpretation on I-864. 

But if your US spouse earns enough income, then no problem. Or if not enough income, then it is best to find joint sponsor as your OPT income may not be included. 

 

3. If you have a job offering that is pending from your current employer, you can ask for expedite the process for EAD. 
You need to talk to your employer and see how they think about you if they would still liek to work with you. 

[Wwahito 0]

22 hours ago, xillini said:

There are some careful points you want to take

1. If you are eligible for STEM OPT extension, you want to apply to I 765 based on STEM OPT and then applied to I-485. 
The moment that you apply I-485, you will not be granted for I-20 if ever your international student office knows and even if I-20 is granted without awareness of your international student office and get every document ready, USCIS is definitely gonna be aware of it. It is conflicts of immigration laws that OPT is only priviliges for those students who do not have intent to immigrat to US, but since you have officially signed I-485, showing your intent of immigration to US, you no longer are

qualified for STEM OPT. 

(In fact, some school automatically makes your F1 visa out of status when they are aware that you have filed for AOS)

 

I believe this is common mistakes as I have dealt with it. 

 

2. Depending on an officer to review your application, and if you include your OPT income to prove I-864, affidavit of finance, it may be RFE if an officer does not take your OPT income, regarding the income as temporary, not permanent source. The rule of thumb in immigration law is it is case-by-case,
so you may just happen to be reviewed by an officer who wants a strict interpretation on I-864. 

But if your US spouse earns enough income, then no problem. Or if not enough income, then it is best to find joint sponsor as your OPT income may not be included. 

 

3. If you have a job offering that is pending from your current employer, you can ask for expedite the process for EAD. 
You need to talk to your employer and see how they think about you if they would still liek to work with you. 

Hi thanks,

umm my college did not qualify for STEM so that was never an option. 

Did you mean that since i was on OPT i cant file for AOS? 

My employer is happy with me though they cannot afford to sponsor for a work visa plus I have been engaged for over a year and will get married so I figured to start filing now. 

[xillini 71]

1 hour ago, Wwahito said:

 

Did you mean that since i was on OPT i cant file for AOS? 

 

Sorry for confusion.

what I mean is you can apply to AOS. In your case where your major is not eligible for STEM OPT, then you do not need to worry about. 

However, you can still request expedite if time is short, showing that you want to work with employer's letter stating that they want to keep working with you. 

 

Thanks

[Wwahito 0]

Hi guys Wendy here again, so We finally got married and now have started filling the paper work. My question is will I be penalized for sending the paper work after my OPT has expired? It expires on the 8th and my medical report wont be back by then.