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Ndiak

F-1 opt to greencard because of the marriage with US citizen

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Hello,

 

I am having EAD with F-1 OPT now and it will be expired on 02/2020. I just got married to my husband who is US citizen. So we are trying to apply the green card with I-765 asap.

 

Just wondering If i can work between the gap from my current ead expired to getting new one from I-765 with I-485.


also, do I need to I-693 when I send all of the documents to USCIS? Or can wait till the interview day?

 

Thank you

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24 minutes ago, Ndiak said:

Just wondering If i can work between the gap from my current ead expired to getting new one from I-765 with I-485.

No. You need a valid EAD to work.

 

24 minutes ago, Ndiak said:

also, do I need to I-693 when I send all of the documents to USCIS? Or can wait till the interview day?

The I-693 is not required at the time of filing, per the I-485 instructions. It can be provided later (such as at the interview).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Wales
Timeline

You will have a 4 or 5 month gap.

 

Probably.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (pnd) Country: Japan
Timeline

I am in a similar situation (currently on F-1 OPT STEM extension) but filed for GC thru marriage to my USC spouse in August.

 

One situation you may be able to continue working between the gap is if you have a STEM degree and have NOT used the OPT STEM extension, and your employer is E-Verified.  If that's the case, then you can apply for OPT STEM extension *before* your current EAD expires. As long as USCIS receives your case before the expiration date, then it automatically extends your authorized employment for 180 days. This was the case at least when I applied for extension in 2018. 

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