About AOS and travel

[Albrefi 0]

Hello please i have a question, might be a stupid question but i really need help. i want my fiancee to file everything by ourselves without using a lawyer. i have been married before back home in ghana and i filled for her but cancelled it because it didnt work out. i am about to get married to my fiancee here in the states but she is an F1 student and on OPT right now. her OPT expires May 30th and we getting married on MAY 14th. 

 

Questionm can anyone list exactly the paper work we need please because i am a bit unsure about the process and paper works. 

 

Also will my fiancee who is on OPT be able to travel to Hawaii which is where i am planning on booking for our honeymoon. 

like i said, this might be stupid but i really need help. 

[Rocio0010 5,706]

Are you a USC?

[Albrefi 0]

Yes i am a USC

[Rocio0010 5,706]

Then you have to read the Guide for filing an I-130 when spouse is inside the USA.

Im assuming you want to go to your honeymoon after you get married. Unfortunately she will not be able to travel because her OPT will be expired. If she had gone to the honeymoon with a valid OPT, she would have been able to come back and file. But there is also another moving piece. 
When you file for adjustment of status, your then wife will file form I-131. After some months, she will receive a letter That allows her to travel outside the US and come back. If she leaves the US without that letter/ card, her process will be deemed abandoned and she will have to start over, with consular processing. Do not leave the US without that form. And even then, some people suggest not to use it unless it is a real emergency. 

 

So for now, all you should be doing is to study the guide I linked.

 

[Albrefi 0]

i eally appreciate your response, just to get some clarification, do i file both the I-130 and the I-485 or do i file just one of them since my spouse is already here. im sorry just needed clarification on that, went through the link you sent me. 

 

Thanks 

[Rocio0010 5,706]

5 minutes ago, Albrefi said:

i eally appreciate your response, just to get some clarification, do i file both the I-130 and the I-485 or do i file just one of them since my spouse is already here. im sorry just needed clarification on that, went through the link you sent me. 

 

Thanks 

You file the following forms concurrently:

i-130

I-130A

I-864

I-485

I-765

I-131

[Noname93 209]

Flying domestically should be fine assuming your fiancee has an ID like a driver's license. I'd still wait until she has the NOA for the I-485 so you have some sort of proof she is here legally.

Edited March 22, 2022 by Noname93

[Albrefi 0]

1 hour ago, Rocio0010 said:

Are you a USC?

 

36 minutes ago, Rocio0010 said:

Then you have to read the Guide for filing an I-130 when spouse is inside the USA.

Im assuming you want to go to your honeymoon after you get married. Unfortunately she will not be able to travel because her OPT will be expired. If she had gone to the honeymoon with a valid OPT, she would have been able to come back and file. But there is also another moving piece. 
When you file for adjustment of status, your then wife will file form I-131. After some months, she will receive a letter That allows her to travel outside the US and come back. If she leaves the US without that letter/ card, her process will be deemed abandoned and she will have to start over, with consular processing. Do not leave the US without that form. And even then, some people suggest not to use it unless it is a real emergency. 

 

So for now, all you should be doing is to study the guide I linked.

 

 

11 minutes ago, Rocio0010 said:

You file the following forms concurrently:

i-130

I-130A

I-864

I-485

I-765

I-131

Thank you i appreciated that, will start filling them out in April and file all together as instructed. i really appreciate the help. 

 

thanks alot 

[iwannaplay54 985]

I wouldn’t plan ANY travel until an I131 is processed.  You guys play house until then.

[Albrefi 0]

one other thing too, she currently has a drivers licence because of her OPT status and the drivers license expiires the same time the OPT expires which is in two months May 31st. 

 

If we file the I-130 prior to it expiring, would they renew it for her or would she have to sell her call thats registered in her name and cant drive anymore. Just thought to ask. We live in Maryland. 

 

tHANKS 

[Loren Y 2,767]

12 hours ago, Albrefi said:

one other thing too, she currently has a drivers licence because of her OPT status and the drivers license expiires the same time the OPT expires which is in two months May 31st. 

 

If we file the I-130 prior to it expiring, would they renew it for her or would she have to sell her call thats registered in her name and cant drive anymore. Just thought to ask. We live in Maryland. 

 

tHANKS 

Keep the car, no need to sell it. I bought my first car when I was 14 and didn't even have a drivers license. You don't need a license to own a car. You could drive it if needed, and she will get her license back soon enough. Depends on the state rules if she will be able to keep her license or renew it. They all kinda vary, check your motor vehicles website for eligibility. Some states will let you renew with the I797 you will get after you file the AOS and I130 forms.

[SalishSea 18,419]

15 hours ago, Rocio0010 said:

Then you have to read the Guide for filing an I-130 when spouse is inside the USA.

Im assuming you want to go to your honeymoon after you get married. Unfortunately she will not be able to travel because her OPT will be expired. If she had gone to the honeymoon with a valid OPT, she would have been able to come back and file. But there is also another moving piece. 
When you file for adjustment of status, your then wife will file form I-131. After some months, she will receive a letter That allows her to travel outside the US and come back. If she leaves the US without that letter/ card, her process will be deemed abandoned and she will have to start over, with consular processing. Do not leave the US without that form. And even then, some people suggest not to use it unless it is a real emergency. 

 

So for now, all you should be doing is to study the guide I linked.

 

Hawaii is a domestic flight.  Hawaii is a US state.

[Rocio0010 5,706]

12 minutes ago, Jorgedig said:

Hawaii is a domestic flight.  Hawaii is a US state.

Ups! Thank you for catching that. I know it’s a US State, it’s just that last night my mind went straight to “international flight”