Wwahito

1 hour ago, EMBELL_17 said:

You simply call in and request to expedite your EAD. I was in your situation whereby my OPT was about to expire and my AOS was pending. However, every applicant needs to complete biometrics (fingerprints and photographs). Your biometrics appointment letter is sent to you in the mail after you send in your packet. Once you get your biometrics appointment letter, you should be able to do an early walk-in appointment. It's my experience that you cannot expedite your EAD until you complete biometrics.

Great thank you. Hopefully it works out.

15 hours ago, azblk said:

you can try to expedite EAD

How do I go about that?

47 minutes ago, azblk said:

That only applies to work based AOS and not family based. However as the spouse of USC any unauthorized employment will be overlooked but it is still illegal.

ok thanks cause I spoke to my Hr at work and she mentioned it, though i think i will just take a leave until i get my ead hopefully it will be as quick as a month, so i can continue to support my household. hoping to send all the paper work this coming week.

On 8/3/2017 at 9:30 AM, azblk said:

Yes you will be fine. You have a 60 day grace period from the expiry of your OPT before you are out of status not that it matters since you are the spouse of a US citizen. It takes a minimum of 3 to 5 days to cash your checks after they receive your package so if I was you I would send it before just to get in.

 

Hey so I know you said I cant work once my visa expires until the other one is approved. 

Ive been reading online that I can be protected or waived by a 245k law because I am married to a us citizen and as long as I dont exceed 180 days of un authorized employment. Is this true? If so when do the start counting the 180 days?

4 hours ago, azblk said:

Yes you will be fine. You have a 60 day grace period from the expiry of your OPT before you are out of status not that it matters since you are the spouse of a US citizen. It takes a minimum of 3 to 5 days to cash your checks after they receive your package so if I was you I would send it before just to get in.

 

Ok great, thank you so much for your time and help. Hoping and praying everything pans out great. 

7 hours ago, azblk said:

Anything and everything that show you are in a relationship, The most important thing right now is marriage certificate and what ever you already have to get the process started. The rest you can gather as you wait for your interview.

-joint insurance like life, medical, dental or car.

- air tickets from vacations together.

- joint gym memberships.

- receipts for presents of gifts you bought one another.

-chat logs or text message logs.

-affidavits from friends or relatives about your relationship.

-Pictures of wedding if any, with friends, family, at events and the like.

-utility bills/cellphones et al.

-

 

 

Ok cool I have most of that just need to print them out. 

Also will it be too late say if I send my documents after the 8th maybe like 2days after? We are trying to make sure we have the exact funds. 

5 hours ago, azblk said:

yes you can and should sent all the other forms, dont wait on on the medical. If you haven't done medical yet wait to do it until you get interview notice.

Great thanks for taking your time to help out. 

One more thing for the evidence we have a lease of our apartment and a joint account that we opened in May what else can we provide thats legit?

2 hours ago, azblk said:

No you will not be penalized. But you can file sans medical exam, in fact you are encouraged to wait on taking the medical until well into the process as it is only valid for one year. So if your AOS takes longer than a year to process you will have to do the medical all over again and pay for it again. If that all  you are waiting for just go ahead and file now and you will mail the medical later after you get you receipts or take it interview with you.

Oh great thanks. So I can send all the other forms and just not the medical one right?

working hard to have all the documents ready and send them on Saturday or Monday morning. 

Hi guys Wendy here again, so We finally got married and now have started filling the paper work. My question is will I be penalized for sending the paper work after my OPT has expired? It expires on the 8th and my medical report wont be back by then.

22 hours ago, xillini said:

There are some careful points you want to take

1. If you are eligible for STEM OPT extension, you want to apply to I 765 based on STEM OPT and then applied to I-485. 
The moment that you apply I-485, you will not be granted for I-20 if ever your international student office knows and even if I-20 is granted without awareness of your international student office and get every document ready, USCIS is definitely gonna be aware of it. It is conflicts of immigration laws that OPT is only priviliges for those students who do not have intent to immigrat to US, but since you have officially signed I-485, showing your intent of immigration to US, you no longer are

qualified for STEM OPT. 

(In fact, some school automatically makes your F1 visa out of status when they are aware that you have filed for AOS)

 

I believe this is common mistakes as I have dealt with it. 

 

2. Depending on an officer to review your application, and if you include your OPT income to prove I-864, affidavit of finance, it may be RFE if an officer does not take your OPT income, regarding the income as temporary, not permanent source. The rule of thumb in immigration law is it is case-by-case,
so you may just happen to be reviewed by an officer who wants a strict interpretation on I-864. 

But if your US spouse earns enough income, then no problem. Or if not enough income, then it is best to find joint sponsor as your OPT income may not be included. 

 

3. If you have a job offering that is pending from your current employer, you can ask for expedite the process for EAD. 
You need to talk to your employer and see how they think about you if they would still liek to work with you. 

Hi thanks,

umm my college did not qualify for STEM so that was never an option. 

Did you mean that since i was on OPT i cant file for AOS? 

My employer is happy with me though they cannot afford to sponsor for a work visa plus I have been engaged for over a year and will get married so I figured to start filing now. 

8 hours ago, azblk said:

Your husband to be is your sponsor. He fills out i-130 and i-864 ( affidavit of support). You fill out the rest i-130A, i-131,i-485,  i-765 and i-693.

Ok great thank you so much for your help definitely lifted a weight of my shoulder. 

1 hour ago, azblk said:

It depends on the household size in other words how many dependents your husband to be claimed on his taxes. If its just the 2 of you , then you will be fine. if more then he needs to make more. here is the uscis guidelines https://www.uscis.gov/i-864p.

Yes its better and easier to send everything together. you can use the attached template as a guide for you. Edit and customize to suit your needs.

 

USCIS

For U.S. Postal Service:

USCIS
P.O. Box 805887
Chicago, IL 60680-4120

For Express mail and courier deliveries:

USCIS
FBAS
131 South Dearborn-3^rd Floor
Chicago, IL 60603-5517

Petitioner (US Citizen): NAME
Beneficiary (Alien Spouse): NAME
Joint Sponsor: NAME

Date: February xx, 2017

To whom it may concern,

Dear Sir/Madam,

Please find enclosed documentations for the concurrent filing of the following forms with all supporting documents:

I-130/I-130A (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-864 (Affidavit of Support), I-765 (Application for Employment Authorization) and I-131 (Application for Travel Document).

I-130 – Petition for Alien Relative

1. Money Order $535: Payable to Department of Homeland Security

2. Form I-130 – Petition for Alien Relative

3. Form G-1145 e-Notification of Application/Petition Acceptance

4. Copy of Petitioner’s Birth Certificate

5. Copy of Beneficiary’s Passport Biographic Page and Non-Immigrant Visa Page

6. Copy of Beneficiary’s Foreign Birth Certificate with Certified Translation

7. Copy of Marriage Certificate

8. Two Passport-style Photo of Petitioner

9. Two Passport-style Photo of Beneficiary

10. Form I-130A.

11. Evidence of Bona Fide Marriage;

1. • • Plane tickets and itineraries

     • Wedding photos

     • Vacation photos

     • Copy of mailed address for birthday cards

     • Christmas cards

     • Call Histories

I-485 - Application to Register Permanent Residence or Adjust Status

1. Money Order $1225 (includes Biometric Fees): Payable to Department of Homeland Security

2. Form I-485 - Application to Register Permanent Residence or Adjust Status

3. Form G-1145 e-Notification of Application/Petition Acceptance

4. Copy of Beneficiary’s Foreign Birth Certificate with Certified Translation

5. Copy of Beneficiary’s Passport Biographic Page and Non-Immigrant Visa Page

6. Copy of Beneficiary’s Electronic Form I-94 - Arrival/Departure Record

7. Two Passport-style Photo of Beneficiary.

8. Form I- 693 – I-693, Report of Medical Examination and Vaccination Record.

9. Form G-325A, Biographic Information Sheet for Beneficiary.

10. FORM I-864 - Affidavit of Support: Completed by Petitioner(I-864A for each joint sponsor).

1. 1. 1. Copy of Petitioner’s Birth Certificate/naturalization certificate/Proof of LPR

      2. Copy of Petitioner’s Newest tax return

I-765 - Application for Employment Authorization:

1. Form I-765 - Application for Employment Authorization

2. Copy of Beneficiary’s Passport Biographic Page

3. Two Passport-style Photos of Beneficiary

 

I-131 - Application for Travel Document:

1. Form I-131 - Application for Travel Document

2. Copy of Beneficiary’s Passport Biographic Page

3. Two Passport-style Photos of Beneficiary

4. Copy of Beneficiary’s Electronic Form I-94 - Arrival/Departure Record

 

 

Name

Signature

 

 

Thank you for the template.

so if we don't need a Sponsor do we need an affidavit of support filed by petitioner... what exactly or who exactly files that? 

11 hours ago, azblk said:

yes you have to take medical exam and you have to stop working if you OPT runs out before you get your work permit or green card. Your employer will terminate you. They are already aware that that date is coming

 

Ok thank you for your advice.

So my fiancé earns 28,800 a year before tax, will we need a sponsor? 

Also do we send all 7 forms together? 

2 hours ago, azblk said:

just get married and file as soon as possible.

no you don't need a lawyer ( its pretty straight forward).

You will not be able to work  after your OPT expires until you receive a work permit ( roughly 90 days), again if you move quickly you minimize the time you will be out of work and if you application has been pending for sometime you can try to expedite work so there is no job interruption.

 

Oh wow didnt Know i would have to stop working. Thank you, 

Also do i have to take a medical exam even though i've been in the US for 2 years plus

Hi,

I have an opt visa which is expiring very soon beginning of August 2017, My American Fiancé and I are planning to have a civil wedding soon, then apply for my green card. My question is is it too late to file?

Do I really need to hire a lawyer for the process?

After filing for the GC will i be able to continue working?

thanks.