Opt visa filing for green card

[azblk 338]

1 hour ago, Wwahito said:

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.

No you will not be penalized. But you can file sans medical exam, in fact you are encouraged to wait on taking the medical until well into the process as it is only valid for one year. So if your AOS takes longer than a year to process you will have to do the medical all over again and pay for it again. If that all  you are waiting for just go ahead and file now and you will mail the medical later after you get you receipts or take it interview with you.

[Coco8 1,054]

If you have a job offer from your current employer you call USCIS once you receive the receipt by mail and ask them to expedite the EAD. You can search on VJ how to do that.

[Wwahito 0]

2 hours ago, azblk said:

No you will not be penalized. But you can file sans medical exam, in fact you are encouraged to wait on taking the medical until well into the process as it is only valid for one year. So if your AOS takes longer than a year to process you will have to do the medical all over again and pay for it again. If that all  you are waiting for just go ahead and file now and you will mail the medical later after you get you receipts or take it interview with you.

Oh great thanks. So I can send all the other forms and just not the medical one right?

working hard to have all the documents ready and send them on Saturday or Monday morning. 

[azblk 338]

22 minutes ago, Wwahito said:

Oh great thanks. So I can send all the other forms and just not the medical one right?

working hard to have all the documents ready and send them on Saturday or Monday morning. 

yes you can and should sent all the other forms, dont wait on on the medical. If you haven't done medical yet wait to do it until you get interview notice.

[Wwahito 0]

5 hours ago, azblk said:

yes you can and should sent all the other forms, dont wait on on the medical. If you haven't done medical yet wait to do it until you get interview notice.

Great thanks for taking your time to help out. 

One more thing for the evidence we have a lease of our apartment and a joint account that we opened in May what else can we provide thats legit?

[azblk 338]

6 minutes ago, Wwahito said:

Great thanks for taking your time to help out. 

One more thing for the evidence we have a lease of our apartment and a joint account that we opened in May what else can we provide thats legit?

Anything and everything that show you are in a relationship, The most important thing right now is marriage certificate and what ever you already have to get the process started. The rest you can gather as you wait for your interview.

-joint insurance like life, medical, dental or car.

- air tickets from vacations together.

- joint gym memberships.

- receipts for presents of gifts you bought one another.

-chat logs or text message logs.

-affidavits from friends or relatives about your relationship.

-Pictures of wedding if any, with friends, family, at events and the like.

-utility bills/cellphones et al.

-

 

 

[Wwahito 0]

7 hours ago, azblk said:

Anything and everything that show you are in a relationship, The most important thing right now is marriage certificate and what ever you already have to get the process started. The rest you can gather as you wait for your interview.

-joint insurance like life, medical, dental or car.

- air tickets from vacations together.

- joint gym memberships.

- receipts for presents of gifts you bought one another.

-chat logs or text message logs.

-affidavits from friends or relatives about your relationship.

-Pictures of wedding if any, with friends, family, at events and the like.

-utility bills/cellphones et al.

-

 

 

Ok cool I have most of that just need to print them out. 

 

Also will it be too late say if I send my documents after the 8th maybe like 2days after? We are trying to make sure we have the exact funds. 

[azblk 338]

1 hour ago, Wwahito said:

Ok cool I have most of that just need to print them out. 

 

Also will it be too late say if I send my documents after the 8th maybe like 2days after? We are trying to make sure we have the exact funds. 

Yes you will be fine. You have a 60 day grace period from the expiry of your OPT before you are out of status not that it matters since you are the spouse of a US citizen. It takes a minimum of 3 to 5 days to cash your checks after they receive your package so if I was you I would send it before just to get in.

 

[Wwahito 0]

4 hours ago, azblk said:

Yes you will be fine. You have a 60 day grace period from the expiry of your OPT before you are out of status not that it matters since you are the spouse of a US citizen. It takes a minimum of 3 to 5 days to cash your checks after they receive your package so if I was you I would send it before just to get in.

 

Ok great, thank you so much for your time and help. Hoping and praying everything pans out great. 

[Wwahito 0]

On 8/3/2017 at 9:30 AM, azblk said:

Yes you will be fine. You have a 60 day grace period from the expiry of your OPT before you are out of status not that it matters since you are the spouse of a US citizen. It takes a minimum of 3 to 5 days to cash your checks after they receive your package so if I was you I would send it before just to get in.

 

Hey so I know you said I cant work once my visa expires until the other one is approved. 

Ive been reading online that I can be protected or waived by a 245k law because I am married to a us citizen and as long as I dont exceed 180 days of un authorized employment. Is this true? If so when do the start counting the 180 days?

[azblk 338]

27 minutes ago, Wwahito said:

Hey so I know you said I cant work once my visa expires until the other one is approved. 

Ive been reading online that I can be protected or waived by a 245k law because I am married to a us citizen and as long as I dont exceed 180 days of un authorized employment. Is this true? If so when do the start counting the 180 days?

That only applies to work based AOS and not family based. However as the spouse of USC any unauthorized employment will be overlooked but it is still illegal.

[Wwahito 0]

47 minutes ago, azblk said:

That only applies to work based AOS and not family based. However as the spouse of USC any unauthorized employment will be overlooked but it is still illegal.

ok thanks cause I spoke to my Hr at work and she mentioned it, though i think i will just take a leave until i get my ead hopefully it will be as quick as a month, so i can continue to support my household. hoping to send all the paper work this coming week.

[azblk 338]

6 hours ago, Wwahito said:

ok thanks cause I spoke to my Hr at work and she mentioned it, though i think i will just take a leave until i get my ead hopefully it will be as quick as a month, so i can continue to support my household. hoping to send all the paper work this coming week.

you can try to expedite EAD

[Wwahito 0]

15 hours ago, azblk said:

you can try to expedite EAD

How do I go about that?

[EMBELL_17 103]

1 hour ago, Wwahito said:

How do I go about that?

You simply call in and request to expedite your EAD. I was in your situation whereby my OPT was about to expire and my AOS was pending. However, every applicant needs to complete biometrics (fingerprints and photographs). Your biometrics appointment letter is sent to you in the mail after you send in your packet. Once you get your biometrics appointment letter, you should be able to do an early walk-in appointment. It's my experience that you cannot expedite your EAD until you complete biometrics.