F1 to permanent residence?

[battousai 0]

Hi,

I moved to the US from the Philippines when I was 15 in 2001 as an H4 visa holder under my father's employment based H1-B petition. Due to some unforeseen and unfortunate circumstances, my father did not get his permanent residence before I turned 21. In fact, he didn't get his permanent residence until 2009. I therefore aged out of my H4 status and had to get an F-1 visa to stay in the country. I finished high school in 2004, obtained my B.S. in Electrical Engineering in 2008 and recently obtained my M.S. Electrical Engineering this past May. I have been on an F-1 visa since 2006.

I recently married my long time (almost five years) girlfriend/fiancee/wife at the end of July. As I am currently waiting for our marriage license to arrive, I'm trying to figure out all the paperwork I need to submit to become a permanent resident. I know that she has to submit an I-130, but I've been reading that I can concurrently file an I-485. Does this apply for my situation?

Also, I am currently on an OPT through my F-1 visa. However, this means I can only get a job in the Electrical Engineering field. Do I need to file an I-765 to get work authorization to work other jobs, or is this covered in either the I-130 or I-485?

Any help and advice I can get is appreciated. Thank you for your time!

[Harpa Timsah 13,258]

You will file a I-130/I-485 CONCURRENT application. here is the guide http://www.visajourney.com/content/i130guide2

An unrestricted EAD can be filed in conjunction with the package, and it's free. Good luck!

[battousai 0]

so does that mean that I should file the I-765 paperwork but not pay the fee associated with it?

[Harpa Timsah 13,258]

Yes, you'll find that in the instructions in the I-485 and I-765.

Edited August 22, 2011 by Harpa Timsah

[battousai 0]

Thank you so much! You've been a great help!

[battousai 0]

Hi,

I have another quick question.

After reading through all of the forms, I'm still not sure if I need to file an I-601.

In my packet, I should have:

I-130

G-325A (2 copies for myself, 1 for my wife) with passport pics (3 for myself and 1 for my wife)

I-485

I-693

I-864 as she is still a student and I am currently looking for an engineering job

I-765 so I can get non-engineering jobs if I can't get an engineering job

Birth certificates, marriage license, passport photocopies

Is this correct? Am I missing anything?

Thank you for your help

[Little_My 463]

no, you do not need the I-601. That's a waiver for people who are ineligible to adjust status in the US and need that ineligibility waived before they can proceed with adjustment of status. That is not your case (fortunately for you).

In addition to the documents you listed, you probably want to fill out the I-131 form for Advance Parole document, which will allow you to travel abroad while your AOS is being processed. Without that document, you won't be able to leave the US at all until you get your GC. If you file for the EAD, that employment card will have a notation on it which states "serves as advance parole", and you can use that same card for international travel. It's free when filed together with the I-485, so it won't add any costs to your process.

[battousai 0]

hi,

Thanks for all your earlier help, but after reading through everything (and being delayed by my physical), I think I'm ready to file.

I just have a couple final questions:

Do I have to pay the biometrics fee for I-131?

Can I just write one check for everything or does it have to be separate for I-130 and I-485?

Will official IRS transcripts suffice for I-864 or do I actually need my sponsor's W-2s?

and finally, I made a checklist of all the proof I need. Is this correct or am I missing anything? I'm W and my wife is L

I-130

• L birth certificate

• L passport info page

• Marriage license

• L G-325A

• W G-325A

• L picture x1

• W picture x1

• Joint bank account proof

I-485

• W birth certificate

• W passport info

• W visa

• W G-325A

• W picture x2

• I-131 and proof

• I-693 and proof

• I-864 and proof

I-864

• IRS transcripts

I-765

• W I-94

• W EAD

• W picture x2

I-131

• W I-94

• W EAD

• W picture x2

Thank you for your time and I look forward to your prompt reply

[NancyNguyen 1,657]

1. If your wife has sufficient income then you need only one I-864. If she hasn't, she will have to complete one of I-864 on her own (with no income, can use joint bank acc, car value as assets...) Another co-sponsor will complete another I-864 with sufficient income (125% poverty guideline) to finish Affidavits of Support... On cover letter, you will note about your wife income (student, unemployed...)

2. I would recommend more bona-fide relationship evidences: some pictures, lease, insurance... to strengthen your I-130 package.

3. Cover letters for I-130 package and I-485 package. Seperate checks with right amount for each package.

These are info I'd gathered to finish my husband's AOS. God bless you.