Transitioning from F1 OPT to Marriage Green Card - Lots of Questions!

[screech_t 0]

Hi All, 

Firstly, thank you for taking the time to check this out, I've got a lot of questions and I'm not always 100% I have the right answers. I'd love to double check facts here. 

 

Context 

Came to USA August 2019, on F1 Student Visa from, The United Kingdom

Currently on OPT Work Placement, Ending July 2022

Fiancé and I got engaged and are looking to get married in the next 3 weeks (Huge delays due to covid)

Fiancé and I are currently living in different states due to work. 

 

I have a couple questions based around filing for marriage, timelines and what I need to make sure I get right.

 

1. I know the forms I need to fill out, but some have an online option, is it best to send them all together on paper, or use the online options where available? 
2. Which is the best location to file 
3. What is the likelihood, filing in February, I will get a work permit / green card before I have to leave my job in July (Ideally, I would like to make this as smooth as possible and avoid a visa wait, they company already waited 4 months for my OPT approval.) 
4. Does it make a difference if we live apart right now, due to work? We are looking to buy a house in one state asap. And will be able to interview together
5. Would it be quicker/easier for my company to sponsor my visa instead of getting married? 
6. Is a lawyer needed? 
7. Is there any situation that I will have to go back to England after July? am I right in thinking I can overstay however long my visa takes to update
8. Can I keep working 60/90 days after my OPT has finished as It's a grace period? 
9. Any other tips, tricks or advice? Anything is helpful

Edited January 25, 2022 by screech_t

[Timona 4,207]

1. All together. Feel is $1760

2. None. You don't choose. You send based on where you live. 

3. You will not get EAD till probably October. But you don't need to leave USA. Once you file 1 above, you're in a period of authorized stay.

4. Doesn't make a difference. However, come interview, you'll have to explain.

5. I would take a marriage AOS anytime.

6. Nope.

7. Yes you can stay after filing. However, I'd suggest filing I-131 too so that you can freely travel before your interview because you're looking at 1.5 years for interview.

8. You can stay at home and wait for your AOS EAD.

9. None.

 

 

2 of my friend's just adjusted from F1 OPT. One just had his interview last week. He got his GC already. So, I know a thing or 2. I myself AOSed from F1 but I did not go the OPT route. 

[Yorkie62 54]

On 1/24/2022 at 7:05 PM, screech_t said:

 

1. What is the likelihood, filing in February, I will get a work permit / green card before I have to leave my job in July (Ideally, I would like to make this as smooth as possible and avoid a visa wait, they company already waited 4 months for my OPT approval.) 

Pretty much zero chance unless you expedite the EAD (work permit). This requires your biometrics to be done first, the timing of which depends on your field office location. See https://www.visajourney.com/timeline/aosstats.php for an estimate ("Avg. Days btw 1st NOA Biometrics"). Then you can request the EAD to be expedited, which is no guarantee. Having a letter from your job saying that, your continued work authorization is essential to their business and that you not working will result in severe financial loss for the company, may help.

[screech_t 0]

On 1/24/2022 at 5:58 PM, Timona said:

1. All together. Feel is $1760

2. None. You don't choose. You send based on where you live. 

3. You will not get EAD till probably October. But you don't need to leave USA. Once you file 1 above, you're in a period of authorized stay.

4. Doesn't make a difference. However, come interview, you'll have to explain.

5. I would take a marriage AOS anytime.

6. Nope.

7. Yes you can stay after filing. However, I'd suggest filing I-131 too so that you can freely travel before your interview because you're looking at 1.5 years for interview.

8. You can stay at home and wait for your AOS EAD.

9. None.

 

 

2 of my friend's just adjusted from F1 OPT. One just had his interview last week. He got his GC already. So, I know a thing or 2. I myself AOSed from F1 but I did not go the OPT route. 

Thanks for your reply - I have a couple follow up questions;

 

1. How do I get my I797C receipt from the green card application,  needed for my I765 application. 
2. Do I need a I864, I see people saying I don't

Thank you 

[Timona 4,207]

8 minutes ago, screech_t said:

Thanks for your reply - I have a couple follow up questions;

 

1. How do I get my I797C receipt from the green card application,  needed for my I765 application. USCIS will mail it to you. 
2. Do I need a I864, I see people saying I don't.  Yes.

Thank you 

 

Edited January 26, 2022 by Timona

[Chancy 6,241]

*** Moved from AOS Progress Reports to AOS from Work/Student/Tourist Visas forum ***

 

[oneoftheunderdogs 94]

On 1/26/2022 at 1:12 PM, screech_t said:

Thanks for your reply - I have a couple follow up questions;

 

1. How do I get my I797C receipt from the green card application,  needed for my I765 application. 
2. Do I need a I864, I see people saying I don't

Thank you 

If you file everything together, no receipt needed.

 

Also how fast you get your green card depends on where your local field office is, I got my GC in under 5 months

[Noname93 200]

On 1/26/2022 at 4:12 PM, screech_t said:

Do I need a I864, I see people saying I don't

Yes, you do. You'll also eventually need I-693 but you don't have to file the medical with your original package.