f1 student OPT marrying US citizen [merged threads]

[Lin2016 1]

Hi everyone, 

 

I'm a F1 student from the Netherlands on OPT and I'm together with my bf (U.S. citizen)  for 2 years and want to get married in May/June 2023. However, my OPT expires in June, 2023. I would love to visit my home country, but some people suggested that doing your paperwork in the US will be better than when I returned to the Netherlands. Other questions that I have is :

 

• Can I file i-130 and i-485 together?
• OPT expire June marrying in May/June suspicion?
• Can we move to a different state while it is processing? for example, we live in Kansas and decided during the process, we want to move to Arizona?
• When we file for i-130 and I-485 can we also file I-765?
• What if my parents never met my bf but only through Facetime? Will that be a issue? 
• Form I-864, Affidavit of Support, how much annual income for a marriage green card?

 

Thank you!

 

 

[Lin2016 1]

12 minutes ago, linnguyen2016 said:

Hi everyone, 

 

I'm a F1 student from the Netherlands on OPT and I'm together with my bf (U.S. citizen)  for 2 years and want to get married in May/June 2023. However, my OPT expires in June, 2023. I would love to visit my home country, but some people suggested that doing your paperwork in the US will be better than when I returned to the Netherlands. Other questions that I have is :

 

• Can I file i-130 and i-485 together?
• OPT expire June marrying in May/June suspicion? (I have been here for almost 7 years, and got my Bachelors Degree last year, met my BF March 2021, moved with bf March 2022.
• Can we move to a different state while it is processing? for example, we live in Kansas and decided during the process, we want to move to Arizona?
• When we file for i-130 and I-485 can we also file I-765?
• What if my parents never met my bf but only through Facetime? Will that be a issue? 
• Form I-864, Affidavit of Support, how much annual income for a marriage green card?

 

Thank you!

 

 

 

[Boiler 43,583]

The Guides cover most of this, as far as leaving then the issue is coming back, F1 is a non immigrant visa so you need to marry file and obtain AP to travel.

[AffableAndy 107]

• Can I file i-130 and i-485 together?

Yes, this is called concurrent filing. You can also file I-765 and I-131 which will allow you to work/travel during the approval process (once those specific petitions are approved).

• OPT expire June marrying in May/June suspicion?

Not if you provide good evidence showing that the relationship is genuine, but honestly remember that your legal marriage and social wedding can be on different days. It can take quite some time for the I-765 to be approved so I recommend not waiting till the last minute.

• Can we move to a different state while it is processing? for example, we live in Kansas and decided during the process, we want to move to Arizona?

Yes. I moved across the country during my AoS process.

• When we file for i-130 and I-485 can we also file I-765?

Yes

• What if my parents never met my bf but only through Facetime? Will that be a issue? 

My parents met my husband for the first time after we had already been married for six months. It wasn't an issue. 

• Form I-864, Affidavit of Support, how much annual income for a marriage green card?

125% of the annual federal poverty guidelines for a household of your size -  for two people in the contiguous states that's $24,650. More information here: https://www.uscis.gov/i-864p

[Chancy 6,233]

*** Moved from IR1/CR1 Progress Reports to AOS from Work/Student/Tourist Visas forum ***

 

[Lin2016 1]

Hi everyone, 

 

I'm a f1 visa on OPT and it will expire end of June 2023. After my f1 visa expires it has a 60 days of grace period.  My question is let say I apply for my i-130 in May, 2023 and it is still processing does this allows me to stay in the U.S.?

I read on Boundless that "If a visa number will become available after your F-1 visa expires, you will need to leave the United States and follow the same green card application process for most other spouses living abroad and married to a green card holder."  I'm a little confused because others say that while it is processing you are allowed to stay in the U.S. 

 

Thank you!

 

Edited March 30, 2023 by linnguyen2016
forgot to add more information

[Crazy Cat 39,370]

34 minutes ago, linnguyen2016 said:

My question is let say I apply for my i-130 in May, 2023 and it is still processing does this allows me to stay in the U.S.?

An I-130 confers no authorized stay.  Perhaps you meant an I-485. 

[Lin2016 1]

37 minutes ago, linnguyen2016 said:

Hi everyone, 

 

I'm a f1 visa on OPT and it will expire end of June 2023. After my f1 visa expires it has a 60 days of grace period.  My question is let say my spouse and me  apply for my i-130 and i485 in May, 2023 and it is still processing does this allows me to stay in the U.S.?

I read on Boundless that "If a visa number will become available after your F-1 visa expires, you will need to leave the United States and follow the same green card application process for most other spouses living abroad and married to a green card holder."  I'm a little confused because others say that while it is processing you are allowed to stay in the U.S. 

 

Thank you!

 

 

[Lin2016 1]

2 minutes ago, Crazy Cat said:

An I-130 confers no authorized stay.  Perhaps you meant an I-485. 

I meant, what if my spouse and me apply for i-130 and i-485 does that allows me to stay while it is processing?

[Crazy Cat 39,370]

7 minutes ago, linnguyen2016 said:

I meant, what if my spouse and me apply for i-130 and i-485 does that allows me to stay while it is processing?

A properly filed I-485 grants the applicant authorized stay inside the US until the adjustment of status is either approved or denied.  However, be aware of the restrictions associated with adjustment of status. 

Edited March 30, 2023 by Crazy Cat

[Sammy_2496 116]

You can adjust status with i130/i130A and I485...The I485 is what will give you authorized status whilst it is processing.

[Lin2016 1]

15 minutes ago, Crazy Cat said:

A properly filed I-485 grants the applicant authorized stay inside the US until the adjustment of status is either approved or denied.  However, be aware of the restrictions associated with adjustment of status. 

thank you!

8 minutes ago, Sammy_2496 said:

You can adjust status with i130/i130A and I485...The I485 is what will give you authorized status whilst it is processing.

thank you!

[ultrasoul 51]

@linnguyen2016 don’t forget to also do a concurrent filing for I-765 EAD and I-131 advance parole in that same i-130/ I-485 package. There is no extra cost when filing at the EAD/AP combo card at the same time as when you file your I130/I485 combo card

 

You will need the EAD/ AP combo card to continue working in the US and to travel in and out of the US while you wait for your I-485 to adjudicate

Edited April 1, 2023 by ultrasoul

[ultrasoul 51]

@linnguyen2016 forget to add that I’m assuming your spouse is an LPR not USC which means you are looking at a F2A priority green card which is currently not going to be adjudicated for at least 2-3 years based on the current final action date of Sep 2020 date in the April visa bulletin.

 

This makes your inclusion of the I-765 and I-131 in your I-130/ I-485 package even more important

Edited April 1, 2023 by ultrasoul

[Crazy Cat 39,370]

13 minutes ago, ultrasoul said:

@linnguyen2016 forget to add that I’m assuming your spouse is an LPR not USC which means you are looking at a F2A priority green card which is currently not going to be adjudicated for at least 2-3 years based on the current final action date of Sep 2020 date in the April visa bulletin.

 

This makes your inclusion of the I-765 and I-131 in your I-130/ I-485 package even more important

For Adjustment of Status, isn't table B (Visa Bulletin) used instead of Table A???  In table B, F2A is still current for April. 

I am no expert, so I am asking.

 

Edited April 1, 2023 by Crazy Cat