Jun2580

Thank you.  My spouse doesn't remember the exact dates for the past residences. We know the apartment name and address, but not the exact dates of moving in and moving out of those apartments. Some are permanently closed and we cannot even contact the landlord. In this case, could we just write the month and year on I-130's residence history? I wonder how everyone getting their AOS approved remembers those exact dates..

7 hours ago, geowrian said:

No, it won't affect the result at all so long as you're honest about it. Failure to disclose a residence may be an issue.

Thank you. What do you mean by "honest about it" though? We know all the dates and addresses of when/where we lived, but do we need to explain about how I was not on the lease?

OR can I just list the addresses and dates of the residence in the appropriate boxes and is that all that needs to be done?

I was not on the lease or anything. 
 
In I-130 form, there is a place where I need to declare the past 5 years of residence. 
I have all the address and dates and everything, but I am concerned if me living with my friends without my name on the lease could affect my AOS's result. 
 
Is it possible that USCIS checks everything by calling your old residence to check if you really lived there or something like that?
Is it possible that my AOS through marriage will get denied solely because I lived with my friends without my name on the lease? 

I am a F-1 student and recently got married to a US citizen.

Last year till the beginning of this year, for about 9 months, I lived at my friend's place and I was not on the lease or anything. 

In I-130 form, there is a place where I need to declare the past 5 years of residence. 

I have all the address and dates and everything, but I am concerned if me living with my friends without my name on the lease could affect my AOS's result. 

Is it possible that USCIS checks everything by calling your old residence to check if you really lived there or something like that?

Is it possible that my AOS through marriage will get denied solely because I lived with my friends without my name on the lease? 

I am working under OPT, and since I graduated in a STEM major, I am collecting documents to apply for STEM OPT Extension.

In my school website, it lists the following as a few required documents to mail to USCIS,  

1) STEM OPT I-20 (The new one issued for STEM OPT)

But many other websites from other schools list 

1) ALL I-20s ever issued to you including the ones from other school you went to, the current one for OPT, and the new one issued for STEM OPT)

Which is true? Do I have to mail ALL i20s? In USCIS's website, it only says 

Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, endorsed by your DSO on or after May 10, 2016

Another question is, do I need to submit Employment Letter or Offer Letter from my employer?

USCIS's website doesn't list that, nor my school's website. But many other school websites have listed that too, and I am confused.

Can someone, especially those who got granted STEM OPT Extension, please tell me what forms you submitted, or whether I need (1) All i-20s issued to me, OR just the STEM OPT i-20, and (2) an employment letter?

Thank you!

I am currently working on OPT, and trying to collect documents required for STEM OPT Extension. I am filling out Form I-765 and I got stuck here.

How many digits should E-verify Company Identification Number be? Some people say 6 digits, and some say 9 digits. 

Those who applied for STEM OPT Extension, and got approved, do you remember how many digits it was? 

My employer gave me a 6-digit one, but I am not sure if this is correct.

Also, do I need to submit any E-verify related documentation as an attachment when applying for STEM OPT Extension, other than writing down Employer's name and E-Verify Company Identification Number on Form I-765?

I graduated from college in a STEM major last year and I got my OPT EAD in January 2016. I have been working on OPT, and I am wanting to apply for STEM Extension as my current OPT is going to expire soon.

The new Form I-765 is a little confusing to me, and I would like to ask someone for help.

On Page 1:

(1) #0 "I am applying for:"

      If I am applying for OPT Extension,  which one should I check?  Permission to accept employment, Replacement (of lost employment authorization document), or Renewal of my permission to accept employment

      I am torn between the first or third options.

On Page 2:

(2) #15 "Have you ever before applied for employment authorization from USCIS?

      (a) This section has Dates, but I am not sure which dates need to be filled here. The date when I got my Form I-797, or my EAD start date? It says Dates in plural form. Does this mean my EAD's Start and End dates?

      (b) For Results section, I put Granted because I got my OPT EAD. It says attach all documentation. What documentation do I need to attach? I am thinking a copy of OPT I-20 and a copy of my current EAD. Is there anything else that needs to be attached? 

(3) #21 (c)(3)(C) eligibility Category 

      This section has Degree. Am I supposed to write my degree level (Second Bachelor's), or my major (Computer and Information Science)?

I tried to look for information online, but most information I found was relatively old. USCIS updated the Form-765 in October, 2017. 

Can someone please help?

Edit: I was reading the instruction of Form I-765, and I noticed the following line under OPT Extension's section:

     If you are requesting a 24-month STEM OPT extension, you must submit a copy of your degree and the employer's name as listed in E-verify, along with

     the E-Verify Company Identification Number, or a valid E-Verify Client Company Identification Number for the employer with whom you are seeking the 24-month OPT extension.

(4) What is the copy of your degree? Is it the certificate looking thing that was given out on Graduation Ceremony? 

Thank you for help in advance!

On 10/16/2017 at 4:07 PM, sweetadams said:

The OPT Extension rejection won't affect your OPT. The grace period is still intact, the reason is for you to put your house in order so you can travel back to your home country.

I sincerely feel your concern, but you really don't have anything to worry. Even if your OPT extension got denied, you can file for AOS concurrent with I-765 (EAD/AP) since you are already married.

 

Thank you for your help and all the answers! I am right now in the process of filling out the forms required for OPT extension. Thank you very much.

I am married to a USC spouse and I am currently working on OPT. 

I was trying to collect documents for AOS, specifically for I485 and I130. Since my USC spouse does not make enough income, we are planning to get help from my spouse's mother as she told us she is willing to become a joint sponsor. 

I was reading the instruction for I130 and I864, and I got confused.

1. If we are trying to get help from a joint sponsor, do we need to fill out two I864 forms? (One from my USC spouse, and one from the joint sponsor)?

2. Does my joint sponsor have to fill out I130 as well in this case?

3. I was always thinking we (myself and my USC spouse) BOTH have to submit tax returns of past 3 years, but some say we only need the most recent one. 

    Which is true? Also, do I, the foreigner side, need to submit my tax return too? 

4. When we use a joint sponsor's help, do I, my USC spouse, and joint sponsor, all three, have to submit our tax returns? 

Can someone please help me understand this? Thank you very much in advance. 

I graduated from college in a STEM major, and I have been working on OPT. I have a USC spouse that I married after graduation. 

My OPT is going to expire in a few months and I am in the process of applying for OPT STEM Extension, which I think is going to give me extra 2 years, within which I am planning to collect documents for AOS with my spouse.

Now, my question is, after I get approved for my OPT Extension, how long should I wait at least, before applying for AOS?

I know OPT/OPT-Extension are on F-1 Visa, or non-immigrant visa, while AOS is for immigrant visa. I want to make sure USCIS won't reject our AOS if we apply for it right after I get an approval for my OPT Extension.

Can anyone please give me some advice?

59 minutes ago, sweetadams said:

When you are filing out the I-765 form, there is a place for expiration of your Old OPT card and when you want the new card to start. 

It depends on you, you can apply for AOS anytime you want. Bear in mind that AOS is now taking sometime depending on your field office. 

If you want to skip the 2 year GC and get the 10 yrs GC straight, I would suggest you wait close to your second wedding anniversary before you apply so that your AOS interview will fall after your second anniversary.  

Thank you for your quick reply.

Now I don't have the fear I had before posting this question, I am going to apply for OPT extension, but I guess I would like to know, but what will happen if the OPT extension gets rejected?

Let's say my initial OPT ends at the end of January, and the OPT extension gets rejected at the beginning of January. Will the rejection of OPT extension terminate the initial OPT that still have some days left? Or will it not affect the initial OPT at all? Also what will happen to the grace period of completion of OPT? I know that there is a 60-day grace period if you complete your OPT. Will this still be given if the rejection of OPT extension terminates the initial OPT?

I apologize in advance for having so many questions =(

Thank you all for the replies. 

Now I feel so relieved and I feel like I can apply for OPT extension without fear. 

My new questions are after I apply for the OPT extension.

1) If I apply for OPT extension and get approved before the initial OPT expires, when will the new OPT start? The next day of the initial OPT's expiration? 

2) After the approval of OPT extension, how long should I wait before I apply for AOS? 

7 minutes ago, sweetadams said:

You will not be rejected as this is a separate case. USCIS treat application on case by case. The fact you have a spouses does not have anything to do with your OPT Extension. You are filing only I-765 form. 

Go ahead and file, there is nothing to fear. Just don't loose your good job because of fear. When you are ready to adjust your status, then you will do that.

Thank you! I think I was scared because I-765 form asks about my Marital Status, and it triggered my fear, thinking they would investigate if I have a USC spouse on the record.

With OPT extension's approval, I will get 2 year extra time to prepare my AOS documents, is this correct?

1 minute ago, sweetadams said:

I feel your concern. But you are totally wrong in your assumption. Since you have not file any AOS with USCIS, they don't know you exist. I would suggest you file for your Extension without delay since it is taking longer to get approval.

Your intent right now does not matter since you have not officially applied to adjust your status. Your spouse can use the most current Tax return and yours too. It is basically to show financial stability as she is supposed to be your sponsor. 

Since you don't have all the documentation, (honestly don't know what you meant by all the documentation), I would suggest you file for your OPT Extension while you continue to gather the relevant documents. 

In the case of USCIS, the documents should show financial mingling, evident of bonafide marriage and living together. Which you should start doing, include names on lease, bills, joint accounts and every other documents that shows your life together.

 

Good luck

Thank you. So do you mean I should not have any problem if I apply to OPT extension, even if I already have a USC spouse? I was afraid of getting rejected my OPT extension if they learned that I have a US spouse and they assume I have an immigrant intent, which should not be had on non-immigrant visa like F1-OPT.

Question: Will USCIS reject my OPT extension application if I am married to an American citizen and we have not applied for AOS yet?

I graduated from a university in the US in a STEM major, and I got my OPT approval at the end of last year (2016). While looking for a job for my OPT, I got married to an American citizen. 

I found a job and I have been working for this company for almost 9 months now. Unfortunately, my spouse and I have not been able to apply for AOS (F1-OPT to GC) yet because of the fee and lacking of documentations. (My American spouse forgot to file tax returns in some past years, and I know from reading many websites that my American spouse has to have the previous 3 year tax returns.)

Now, my first OPT will expire within 3 months, and I am wanting to apply for STEM OPT extension soon because it can give me 2 more years of OPT period. My initial thought was, while I have the total of 3 years of OPT, I can apply for AOS with my spouse. However, I recently started feeling worried about whether USCIS will grant me the OPT extension because I am married to an American. 

I know that OPT is continuation of F-1 status, which basically is a visa for someone with no immigrant intent. This makes me think I don't qualify for OPT extension because I am married to an American citizen, making it look like I have an immigrant intent ( and in fact, I do have an immigrant intent now that I have an American spouse here). 

I am worried I might be in huge trouble now. I want to apply for OPT extension as soon as possible as my initial one is expiring soon, but I am not sure if I should they might reject it, considering the fact that I am married and have an immigrant intent. 

Can someone help me figure this out and give me some advice on what I can do now?

I currently live in the US, working on OPT after graduating from school here.  Before I got my job for my OPT, I got married to a US citizen. Since my OPT is going to expire in a few months, we are trying to collect all the documents required to apply for AOS.

I realized that there is DS2019 (J1) as a required document for AOS, if you have been in the US on J1 visa before. 

Before I came to the US to graduate from the school on F1, I had studied in the same school on J1. I really liked studying there when I was on J1, so I went back to my country and came back on F1. 

However, I have lost my DS2019 from my J1 program, because it is already more than 5-6 years ago. I tried to find it, and called my school, but there seems to be no way to get it again. How could I pass this requirement for AOS? 

I am thinking, they probably want to check if I am subject to the 2-year HRR rule due to the F1 program, but I know I am not subject to it. My J1 visa on my passport clearly states

BEARER IS NOT SUBJECT TO SECTION 212(E). 

TWO YEAR RULE DOES NOT APPLY.

Does anyone know if this counts as evidence that I am not subject to the HRR? How can I still get DS2019 though, because it says it is required for previous J1 visitors.. I am so concerned. 

27 minutes ago, geowrian said:

Yes, it appears you meet the requirements to add it tot he household income. But just to be clear, if/how they consider it for addressing the public charge concern is another issue. More info on that below.

 

There's no statutory minimum timeframe to have a job. The IO will take take into consideration the totality of the circumstances to address concerns of the intending immigrant becoming a public charge. Normally, the I-864 addresses this because the sponsor is agreeing to reimburse those expenses if it happens. When all the income is coming from the intending immigrant, what happens if an event occurs and you need public assistance? The IO will look at the circumstances to determine that risk. Nobody can say for sure what they will decide. Some people have done this successfully, while others were asked for a joint sponsor because the Io felt it was too risky.

 

Personally, I would suggest having a joint sponsor (or at least one ready in case you get an RFE). A recent job shortly after school, presumably pretty young, etc. cause me to believe that they may request a joint sponsor.

Thank you again for your very precise and quick reply always.

Okay, that makes sense. Luckily my spouse's mother said she would happily help me out as a joint sponsor. 

If you have time, could you please take a look at my other question that I asked about 12 hours ago, which I still have no reply to? :/

Thank you in advance for your time and consideration! 

Below is the question.

geowrian,

Thank you again.

So in our case, even if my USC spouse is not making enough income, I can add my income from OPT, right? It will be a few times more than the Poverty Line's 125% line. 

Now my concern is, is there any requirement on how long you have to have been working before adding your income onto your spouse's in order to satisfy the income requirement? 

I got my job on OPT only 6 months ago, and I have not made "annual" income yet, nor did I file a tax return including tax information from my current OPT job.

Does this make me unqualify from adding my income to my spouse's? 

I really want to avoid using a joint sponsor because it can just take more time..

geowrian,

Thanks for your reply.

But how long do I have to keep working for the same company after getting a green card? 

It is not specified and I am still confused... It only says the income must continue from the same source after getting a permanent resident status. 

I am married to an American citizen and currently working on OPT. Whenever we get money right, we are going to apply for AOS. 

I was reading the instructions of required documents, and in i-864 form, I found this line:

If you included the income of the intending immigrant who is your spouse, you must provide evidence that his/her income will continue

from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence  that he 

or she is living in your residence.

This passage has me confused. What does "continue from the current source after obtaining lawful permanent resident status" mean?

I am working on OPT and currently making more than Poverty Line's 125%, but my American spouse isn't, so I would like to add my income 

to my spouse's income, and I think that way we don't need to use the help of a joint sponsor. 

From this passage, do they mean I cannot quit my job after getting my green card, at all? It does not make sense to me. 

What if I can find a better-paying job or switch to a different location? 

Also, how can you predict if you can continue getting the pay from the same source/company? Even if you don't quit on your own, 

the company might suddenly lay you off even if your work performance is great. 

What can be considered as evidence that the income will continue from the same source? Can anyone please clarify this passage for me?

Question: Will USCIS reject my OPT extension application if I am married to an American citizen and we have not applied for AOS yet?

I graduated from a university in the US in a STEM major, and I got my OPT approval at the end of last year (2016). While looking for a job for my OPT, I got married to an American citizen. 

I found a job and I have been working for this company for almost 9 months now. Unfortunately, my spouse and I have not been able to apply for AOS (F1-OPT to GC) yet because of the fee and lacking of documentations. (My American spouse forgot to file tax returns in some past years, and I know from reading many websites that my American spouse has to have the previous 3 year tax returns.)

Now, my first OPT will expire within 3 months, and I am wanting to apply for STEM OPT extension soon because it can give me 2 more years of OPT period. My initial thought was, while I have the total of 3 years of OPT, I can apply for AOS with my spouse. However, I recently started feeling worried about whether USCIS will grant me the OPT extension because I am married to an American. 

I know that OPT is continuation of F-1 status, which basically is a visa for someone with no immigrant intent. This makes me think I don't qualify for OPT extension because I am married to an American citizen, making it look like I have an immigrant intent ( and in fact, I do have an immigrant intent now that I have an American spouse here). 

I am worried I might be in huge trouble now. I want to apply for OPT extension as soon as possible as my initial one is expiring soon, but I am not sure if I should they might reject it, considering the fact that I am married and have an immigrant intent. 

Can someone help me figure this out and give me some advice on what I can do now?