F1 Student Married to Green Cards Holder

[kerulberul 0]

Good morning,

My wife and I just got married in Miami. I'm an F1 student from Singapore and she is a Permanent Resident. 

I've browsed around VJ and read that she needs to file the I130 and I need to file the i485 AOS as an F2A candidate.

I'm currently doing the paperwork for both right now but have a few questions.

 

1) Can I file the i130 and i485 concurrently?

If yes can I file the i130 online and send the i485 package or must both of them be sent physically?

If not, it means she needs to file the i130 first and then I can file the i485 correct?

 

2) My wife can apply for citizenship around Feb 2022, should I wait for her to get the citizenship first then apply as a CR1?

 

3) with the i485 AOS wait always being so long, what happens if I finished my OPT and I'm still waiting for it? Do I need to go back to my country or can I extend my stay?

[Timona 3,943]

Self Delete as I have updated it below

Edited July 29, 2021 by Timona

[Timona 3,943]

Wait, I think PD for all F2A are current right now, unless I am reading the visa bulletin wrong.

 

I would file the I-130 online, get the receipt from online and then file the I-485 and the rest....Why? I am not sure if you can send all at once for your category. So to be on the safe side, file the I-130 first online and then the rest immediately afterwards since F2A is currently current. This will still be considered concurrent filing, regardless.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-66

 

@SusieQQQ is an expert at reading bulletins. Lemme call her for help. 

Edited July 29, 2021 by Timona

[kerulberul 0]

1 hour ago, Timona said:

Wait, I think PD for all F2A are current right now, unless I am reading the visa bulletin wrong.

 

I would file the I-130 online, get the receipt from online and then file the I-485 and the rest....Why? I am not sure if you can send all at once for your category. So to be on the safe side, file the I-130 first online and then the rest immediately afterwards since F2A is currently current. This will still be considered concurrent filing, regardless.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-66

 

@SusieQQQ is an expert at reading bulletins. Lemme call her for help. 

Thank you. I think I will do that. By the way, do you have any thoughts for the 3rd question?

[payxibka 10,044]

2 hours ago, kerulberul said:

Good morning,

My wife and I just got married in Miami. I'm an F1 student from Singapore and she is a Permanent Resident. 

I've browsed around VJ and read that she needs to file the I130 and I need to file the i485 AOS as an F2A candidate.

I'm currently doing the paperwork for both right now but have a few questions.

 

1) Can I file the i130 and i485 concurrently?

If yes can I file the i130 online and send the i485 package or must both of them be sent physically?

If not, it means she needs to file the i130 first and then I can file the i485 correct?

 

2) My wife can apply for citizenship around Feb 2022, should I wait for her to get the citizenship first then apply as a CR1?

 

3) with the i485 AOS wait always being so long, what happens if I finished my OPT and I'm still waiting for it? Do I need to go back to my country or can I extend my stay?

3.  You just wait it out.  Do NOT leave.

[Timona 3,943]

19 minutes ago, kerulberul said:

Thank you. I think I will do that. By the way, do you have any thoughts for the 3rd question?

@payxibka answered. However, being that priority dates are current, you do not need to worry. Current wait times to received EAD/ AP combo is 8 months from time of filling. That should be the end of your spring semester. So go file, go to school and pay attention to school work BUT do not drop out nor do illegal work as your wife is not USC & as such, it will not be forgiven. Immigration is a journey of patience.

 

You should be able to download the I-130 receipt as within 24 hours. As soon as you have it, print it, send in the other forms. You do not need to wait for the actual receipt to come via mail. It is the same thing and has the same content.

 

I suggest the above method as your wife is not USC. Had she been, you could have just sent all at once in one go.

Edited July 29, 2021 by Timona

[SusieQQQ 11,584]

1. You can file concurrently as F2A is current. File both paper based together or it gets confusing. Be sure to file for EAD and AP at the same time. Relevant to question 3), Understand that this means you cannot leave the US until you get advance parole (6-8 months most likely timeframe).

 

2. Do not wait until your wife is a citizen, it just wastes time (especially as it can take a year or more to become a citizen after applying). If she happens to become a citizen while your case is processing you can upgrade it at that stage.

 

3. As above, do not leave before you get AP or you are considered to have abandoned the AOS. Once you have properly filed your i485 you are in authorized stay, but you cannot work between when your OPT expires and when your EAD arrives. You have to be very careful not to violate your terms of stay - if you do you will be ineligible to do AOS.

[Timona 3,943]

4 minutes ago, SusieQQQ said:

1. You can file concurrently as F2A is current. File both paper based together or it gets confusing. Be sure to file for EAD and AP at the same time. Relevant to question 3), Understand that this means you cannot leave the US until you get advance parole (6-8 months most likely timeframe).

 

2. Do not wait until your wife is a citizen, it just wastes time (especially as it can take a year or more to become a citizen after applying). If she happens to become a citizen while your case is processing you can upgrade it at that stage.

 

3. As above, do not leave before you get AP or you are considered to have abandoned the AOS. Once you have properly filed your i485 you are in authorized stay, but you cannot work between when your OPT expires and when your EAD arrives. You have to be very careful not to violate your terms of stay - if you do you will be ineligible to do AOS.

 

This is the part which I was confused about. I always advocate for AOS to all go together as paper filing for USC petitioners. Atleast I got the correct bulletin reading.

@kerulberul forget my method and follow what @SusieQQQ says. Thanks Susie!

 

Get a money order as payment. I always advocate for that due to a lot of horror stories of USCIS rejecting CC payments etc. 

Edited July 29, 2021 by Timona

[kerulberul 0]

24 minutes ago, payxibka said:

3.  You just wait it out.  Do NOT leave.

 

9 minutes ago, SusieQQQ said:

1. You can file concurrently as F2A is current. File both paper based together or it gets confusing. Be sure to file for EAD and AP at the same time. Relevant to question 3), Understand that this means you cannot leave the US until you get advance parole (6-8 months most likely timeframe).

 

2. Do not wait until your wife is a citizen, it just wastes time (especially as it can take a year or more to become a citizen after applying). If she happens to become a citizen while your case is processing you can upgrade it at that stage.

 

3. As above, do not leave before you get AP or you are considered to have abandoned the AOS. Once you have properly filed your i485 you are in authorized stay, but you cannot work between when your OPT expires and when your EAD arrives. You have to be very careful not to violate your terms of stay - if you do you will be ineligible to do AOS.

 

6 minutes ago, Timona said:

 

This is the part which I was confused about. I always advocate for AOS to all go together as paper filing for USC petitioners. Atleast I got the correct bulletin reading.

@kerulberul forget my method and follow what @SusieQQQ says. Thanks Susie!

 

Get a money order as payment. I always advocate for that due to a lot of horror stories of USCIS rejecting CC payments etc. 

Thanks everyone   that really cleared a lot of the anxiety that I'm having. now I just need to make sure I don't screw up the paperwork

[HRQX 4,145]

11 hours ago, kerulberul said:

Can I file the i130 and i485 concurrently?

I-130 and I-864 are filled-out by the LPR, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

[HRQX 4,145]

***I have moved this topic to the AOS from student forum*****

[retheem 553]

1) Can I file the i130 and i485 concurrently?- Yes you can. Send the whole package at the same time i.e., I-130, I-485, I-864, I-765 and I-131

If yes can I file the i130 online and send the i485 package or must both of them be sent physically? Send everything physically.

If not, it means she needs to file the i130 first and then I can file the i485 correct?

 

2) My wife can apply for citizenship around Feb 2022, should I wait for her to get the citizenship first then apply as a CR1? No, file now and upgrade later when she becomes citizen

 

3) with the i485 AOS wait always being so long, what happens if I finished my OPT and I'm still waiting for it? Do I need to go back to my country or can I extend my stay? Do not leave the country, I repeat, DO NOT LEAVE THE COUNTRY

 

[kerulberul 0]

thanks everyone for the clarification.

I have another question. 

As of writing this post, I have not yet started my OPT. 

So what happens when I send all the docs, while waiting for the EAD to arrive, and I needed to start my OPT? Do I need to apply for another EAD for the OPT? Will that have problems with my AOS application?

[arken 4,197]

1 hour ago, kerulberul said:

thanks everyone for the clarification.

I have another question. 

As of writing this post, I have not yet started my OPT. 

So what happens when I send all the docs, while waiting for the EAD to arrive, and I needed to start my OPT? Do I need to apply for another EAD for the OPT? Will that have problems with my AOS application?

Yes you need to apply for OPT EAD if you want to start OPT. Applying for this does not affect the AOS application. However, your OPT EAD could very likely be denied since you would have already shown the immigrant intent by filing i485 by that time.

[SusieQQQ 11,584]

4 hours ago, arken said:

Yes you need to apply for OPT EAD if you want to start OPT. Applying for this does not affect the AOS application. However, your OPT EAD could very likely be denied since you would have already shown the immigrant intent by filing i485 by that time.

FYI I know of a few DV applicants who have had OPT approved after filing i485. So it may get denied but it’s not a foregone conclusion.