truenortheh

You guys/gals are the best! I shall keep my fingers crossed that OPT is approved. I'm technically still enrolled at the University as I've finished my coursework but am working on my dissertation. This might help as it is different than having completely finished the entire program (as far as OPT goes).

I have received the NOA for the I-130 today and they cashed the check. So now the question is: do I send the I-485 in with the NOA and the I-131 or would that be pushing my luck even further The real priority is working this fall, but being able to travel home to Canada for an upcoming family wedding would be nice. If the OPT is denied, then I can later send in an EAD application based on the marriage rather than my current F1 status.

I'm starting to get a headache!

Tks,

A.

Send in the i485 and apply for Advanced Parole before you do anything like leave the US. Part of the F1 agreement is that you remain a non-immigrant and return to your country. By filing the I-130 you're taking steps that break that agreement so once you leave it's likely they won't let you back in. Which is why you need to file for AP, that lets you travel.

FYI quick update... I waited for the OPT to be approved, and started working based on that. I then phoned and was given a choice - either wait for the I-130 to be processed, or withdraw the I-130, then resubmit the entire package correctly. I opted to withdraw the I-130 and resubmit. From the resubmission date, I had my EAD and AP before the OPT expired (3 months from resubmission), interview at month 4 from resubmission, and a week later, the residency card is on its way. Much thanks for all the advice and support!

You guys/gals are the best! I shall keep my fingers crossed that OPT is approved. I'm technically still enrolled at the University as I've finished my coursework but am working on my dissertation. This might help as it is different than having completely finished the entire program (as far as OPT goes).

I have received the NOA for the I-130 today and they cashed the check. So now the question is: do I send the I-485 in with the NOA and the I-131 or would that be pushing my luck even further The real priority is working this fall, but being able to travel home to Canada for an upcoming family wedding would be nice. If the OPT is denied, then I can later send in an EAD application based on the marriage rather than my current F1 status.

I'm starting to get a headache!

Tks,

A.

Wow - talk about quick response! The reason I didn't send the I-485 with the I-130 is because it specifically states that "immediate relatives (spouse) of a US Citizen" are not eligible to submit the I-485 until they have an "approved immigrant petition". I thought I had to send the I-130, get it approved, then send the I-485. At least that is how I read it, I'll phone now.

Much thanks,

A.

Hello all,

I'm adjusting my status from F-1 as well, and admit to being very confused. Here are some specifics:

I am a Canadian Citizen

Entered US on F-1 in 2006 (good until 2011)

Got married to US Citizen in 2007

I just sent in my I-130... after reading the instructions I thought that I had to do this before sending in the I-485, but now I'm questioning this.

I also have an OPT (pre completion) in process as I've been offered a part time job this fall and want to be sure I can accept it legally.

My questions:

1. Should I have sent in my I-485 with my I-130? If so, what should I do now

2. Since only my I-130 has been sent in, am I permitted to travel to Canada and re-enter with my F1 status? I've read about this here and other places and it seems controversial, since technically I have intention to immigrate given my marriage and I-130 application. I know that with the I-485 I can apply for travel and EAD but I'm not sure about the I-130.

3. The magic question - how long is the I-130 going to take (roughly) to process, I've heard it could take up to a year

Any help would be greatly appreciated!

A.