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kerulberul

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    kerulberul reacted to retheem in F1 Student Married to Green Cards Holder   
    1) Can I file the i130 and i485 concurrently?- Yes you can. Send the whole package at the same time i.e., I-130, I-485, I-864, I-765 and I-131
    If yes can I file the i130 online and send the i485 package or must both of them be sent physically? Send everything physically.
    If not, it means she needs to file the i130 first and then I can file the i485 correct?
     
    2) My wife can apply for citizenship around Feb 2022, should I wait for her to get the citizenship first then apply as a CR1? No, file now and upgrade later when she becomes citizen
     
    3) with the i485 AOS wait always being so long, what happens if I finished my OPT and I'm still waiting for it? Do I need to go back to my country or can I extend my stay? Do not leave the country, I repeat, DO NOT LEAVE THE COUNTRY
     
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    kerulberul reacted to HRQX in F1 Student Married to Green Cards Holder   
    I-130 and I-864 are filled-out by the LPR, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:
    I-130 with I-130A and copy of marriage certificate, filing fees, etc.; I-485 with I-864 and supporting documents, electronic I-94 copy, filing fees, etc.; I-765 with electronic I-94 copy, etc.; and I-131 with electronic I-94 copy, etc. You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips
    On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.
    On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.
  3. Thanks
    kerulberul reacted to Timona in F1 Student Married to Green Cards Holder   
    Wait, I think PD for all F2A are current right now, unless I am reading the visa bulletin wrong.
     
    I would file the I-130 online, get the receipt from online and then file the I-485 and the rest....Why? I am not sure if you can send all at once for your category. So to be on the safe side, file the I-130 first online and then the rest immediately afterwards since F2A is currently current. This will still be considered concurrent filing, regardless.
     
    https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-66
     
    @SusieQQQ is an expert at reading bulletins. Lemme call her for help. 
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    kerulberul reacted to payxibka in F1 Student Married to Green Cards Holder   
    3.  You just wait it out.  Do NOT leave.
  5. Thanks
    kerulberul reacted to Timona in F1 Student Married to Green Cards Holder   
    @payxibka answered. However, being that priority dates are current, you do not need to worry. Current wait times to received EAD/ AP combo is 8 months from time of filling. That should be the end of your spring semester. So go file, go to school and pay attention to school work BUT do not drop out nor do illegal work as your wife is not USC & as such, it will not be forgiven. Immigration is a journey of patience.
     
    You should be able to download the I-130 receipt as within 24 hours. As soon as you have it, print it, send in the other forms. You do not need to wait for the actual receipt to come via mail. It is the same thing and has the same content.
     
    I suggest the above method as your wife is not USC. Had she been, you could have just sent all at once in one go.
  6. Thanks
    kerulberul reacted to Timona in F1 Student Married to Green Cards Holder   
    This is the part which I was confused about. I always advocate for AOS to all go together as paper filing for USC petitioners. Atleast I got the correct bulletin reading.
    @kerulberul forget my method and follow what @SusieQQQ says. Thanks Susie!
     
    Get a money order as payment. I always advocate for that due to a lot of horror stories of USCIS rejecting CC payments etc. 
  7. Thanks
    kerulberul reacted to SusieQQQ in F1 Student Married to Green Cards Holder   
    1. You can file concurrently as F2A is current. File both paper based together or it gets confusing. Be sure to file for EAD and AP at the same time. Relevant to question 3), Understand that this means you cannot leave the US until you get advance parole (6-8 months most likely timeframe).
     
    2. Do not wait until your wife is a citizen, it just wastes time (especially as it can take a year or more to become a citizen after applying). If she happens to become a citizen while your case is processing you can upgrade it at that stage.
     
    3. As above, do not leave before you get AP or you are considered to have abandoned the AOS. Once you have properly filed your i485 you are in authorized stay, but you cannot work between when your OPT expires and when your EAD arrives. You have to be very careful not to violate your terms of stay - if you do you will be ineligible to do AOS.
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