Need advice on filing an I-765 and I-131

[steminem 0]

So we haven't filed for Adjustment of Status yet. I am on an F1 visa for school (with a sponsor) until 2013 and plan on staying in school for the next 2 years regardless of whether I get a green card or not. We got married this past January. I have no need to work or leave the country in the near future while we are waiting on the green card process. So my question is, will this look suspicious to them or will it look even better since my intent is obviously to go to school and not just get married to reap benefits (work, travel, etc) of the green card? Any advice is appreciated. Thanks.

[Little_My 464]

Are you asking if it will look suspicious if you do not file the I-131 and I-765 with your AOS? No, I wouldn't think so.. But, my personal opinion is that even if you think now that you will not have to travel abroad while waiting for your GC to be approved, it is in your best interest to file the I-131 just in case. It won't cost you anything extra when filed together with the I-485, and filling it out will take 5 minutes. This way, if something unexpected would happen (let's say someone back home in your country falls sick), you can travel without having to worry about that. If you don't get the AP, and leave the country before your GC is approved, you won't be able to return and I am pretty sure your application will be considered abandoned. Your F1 visa will not be a valid entry document anymore once the AOS has been filed, and though the average processing times for AOS from non-immigrant visa are not that long, you never know. It can take much longer than the average.

For the I-765.. Well, that is of course totally up to you. If you are a full time student and know that you won't need to work, or that you will not have time to work alongside with school, you won't need it. Not filing for it won't work against you in any way - but filling it out with the AOS won't either. So, as said, it is entirely up to you.

Edited March 25, 2011 by Mrs.Finland-USA