Going from F1 (OPT) to Spousal Visa + EAD

[norseman91 1]

Hi,

 

I am currently working full-time salary job on my OPT permit after graduating from four years of college in May 2018. I will be getting married next week, and filing I-485, I-130, I-765 and I-864 immediately after. My current visa and EAD expires June 15. I just found out today that I do not qualify for the automatic 180-day extension. I thought I was covered. I also heard that the I-765 when filed with a I-485 takes 5-7 months, and not 90 days as I previously was told. Now I have to prepare myself for having no income while my applications are pending. I live in San Diego and from originally from Norway. 

 

Does anyone have any tips on how to solve this crisis? Is is true that it takes 5-7 months for the EAD with I-485? Even when you have previously been approved in a different category...

I will most likely have to beg friends for a couch spot the from July-October. My funds are already tight, so I doubt I could afford an attorney.

 

One thing that also worries me is I have a DUI conviction in Norway from 2013. I have the full police record which shows I pleaded guilty, got fine and 21 days house arrest. No other crimes committed. Has anyone been in a similar situation and been denied / approved?

 

Appreciate all the feedback. In panic mode right now. Thanks in advance.

 

Edited April 19, 2019 by norseman91

[pushbrk 13,073]

6 minutes ago, norseman91 said:

Hi,

 

I am currently working full-time salary job on my OPT permit after graduating from four years of college in May 2018. I will be getting married next week, and filing I-485, I-130, I-765 and I-864 immediately after. My current visa and EAD expires June 15. I just found out today that I do not qualify for the automatic 180-day extension. I thought I was covered. I also heard that the I-765 when filed with a I-485 takes 5-7 months, and not 90 days as I previously was told. Now I have to prepare myself for having no income while my applications are pending. I live in San Diego and from originally from Norway. 

 

Does anyone have any tips on how to solve this crisis? Is is true that it takes 5-7 months for the EAD with I-485? Even when you have previously been approved in a different category...

I will most likely have to beg friends for a couch spot the from July-October. My funds are already tight, so I doubt I could afford an attorney.

 

One thing that also worries me is I have a DUI conviction in Norway from 2013. I have the full police record which shows I pleaded guilty, got fine and 21 days house arrest. No other crimes committed. Has anyone been in a similar situation and been denied / approved?

 

Appreciate all the feedback. In panic mode right now. Thanks in advance.

 

You are not pursuing a spouse visa.  You are "Adjusting Status".  There is no solution to your EAD issue.  It really will take about six months.  I'll leave it to others to comment on your DUI conviction and how it might impact your success.

[aaron2020 11,651]

If you have a job offer, you can seek an expedite of your EAD.  

[norseman91 1]

7 minutes ago, aaron2020 said:

If you have a job offer, you can seek an expedite of your EAD.  

Can you elaborate on this? What is the process? I my current jobs offer letter in January, and it is a municipal government job. 

Edited April 19, 2019 by norseman91

[Ryan H 3,825]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[aaron2020 11,651]

2 minutes ago, norseman91 said:

Can you elaborate on this? What is the process?

Google "EAD expedite job offer."  Or use the search function on VJ.  Lots of examples and explanations. 

[my&aaron 54]

15 hours ago, norseman91 said:

Hi,

 

I am currently working full-time salary job on my OPT permit after graduating from four years of college in May 2018. I will be getting married next week, and filing I-485, I-130, I-765 and I-864 immediately after. My current visa and EAD expires June 15. I just found out today that I do not qualify for the automatic 180-day extension. I thought I was covered. I also heard that the I-765 when filed with a I-485 takes 5-7 months, and not 90 days as I previously was told. Now I have to prepare myself for having no income while my applications are pending. I live in San Diego and from originally from Norway. 

 

Does anyone have any tips on how to solve this crisis? Is is true that it takes 5-7 months for the EAD with I-485? Even when you have previously been approved in a different category...

I will most likely have to beg friends for a couch spot the from July-October. My funds are already tight, so I doubt I could afford an attorney.

 

One thing that also worries me is I have a DUI conviction in Norway from 2013. I have the full police record which shows I pleaded guilty, got fine and 21 days house arrest. No other crimes committed. Has anyone been in a similar situation and been denied / approved?

  

Appreciate all the feedback. In panic mode right now. Thanks in advance.

 

I was on OPT as well. Mine ended in February, which was when I got married. We submitted our application this month and now I am applying for jobs while waiting for the progress of our application. Here's my advice: 

- Save as much as you can from now until June 15. 

- Can you move in with your spouse? It will have with establishing bona fide for the application and the future interview. 

- It can take that long for the EAD. But people have been successful with requesting EAD expedite review under Severe Financial Loss(-you can check the whole thread here

Now, have you talked to your current employer? Will they be okay if you have some time off between June until your new card is being produced? If you plan to stay with them after June, you can have them send a letter to support your case to USCIS for you after you submit your application. If you plan to find a job, you should start applying asap and once you get an offer, you can expedite it with your offer letter. 

Hope that helps!

[norseman91 1]

Hi, thank you for all your input. 

 

I mailed my application off last week, Fedex says delivered 05/13. No receipt notice from USCIS yet. 

My application included I-485 (I-765 + I-131), I-130 and all supporting documents. However, I forgot to include a separate set of passport photos of me with the I-765 form. Only two for I-485 and two for I-130. 

Is there a way for me to send these two additional passport photos with a separate shipment once I receive the receipt notice? Or should I try to call them and explain? 

 

My employer has agreed to put my position on hold while this process goes through. I have reached out to my congressional office and they are willing to help me expedite.

 

Thanks again.