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optinsf Rookie

optinsf   0

Posted
Filed: Country: Hong Kong
 Timeline
Posted

Hi everyone,

I am currently on Optional Practical Training (OPT) as an extension of my F-1 visa, and it is due to expire in early February. After weighing our options, my boyfriend, who is an American citizen, decided that perhaps we should get married (we live in California). However, we have a few questions regarding the green card application process:
1) How long does the average foreign same-sex spouse have to wait before receiving his/her green card? I heard that the process may take longer for same-sex couples, because Prop 8 wasn't brought down too long ago. Could any binational same-sex couples verify that?
2) Based on my understanding, a foreign spouse can apply for an Employment Authorization Document (EAD) as soon as s/he is married. Is that true? How long after the marriage will s/he receive the EAD? And how long is that kind of EAD usually good for?
3) I know that there is a 60-day grace period after OPT expires. But what if my marriage-based EAD or green card application didn't get approved before the end of my grace period? Would I have to leave the country during that window? And if I did, how would I come back without a valid I-20 or EAD?
Sorry for the bombardment of questions. I am just feeling really confused and anxious. Thank you very much for reading the post!
Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

~Moved from Family-based AOS to WST-based AOS Forum~

~Adjusting from student visa~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted (edited)

One you've filed the big AOS set, and start getting the receipt notices,

a new period of authorized stay begins. Any perceived overstay is automagically forgiven ,no extra paperwork required, when the green card is issued.

EAD arrives 85 to 120 days after filing.

Green arrives who knows when, and expect an interview.

Can't comment on same-sex marriage or DOMA stuff, except to say that the state you marry in must offer same-sex marriages and the state you reside in must recognize same-sex marriage.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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imagineyouandme Apprentice

imagineyouandme   12

Posted
Filed: Timeline
Posted

Wanted to clarify that you do not have to reside in a state that recognizes SSM. You just have to be married in a state that performs SSM.

~Adjusting from F-1 Post-OPT in Chicago, IL~

3/25/14 - Day 00 - I-130, I-485, I-765, & I-131 sent via FedEx

4/22/14 - Day 28 - Biometrics completed @ 10am (Chicago - Broadway location)

6/09/14 - Day 76 - Received EAD/AP combo card in mail.

11/4/14 - Day 224 - Interview in downtown Chicago location

11/5/14 - Day 225 - Notification of GC approval!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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