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Results 1 to 6 of 6
  1. #1

    Default F1 student married US Citizen, Status Question

    Hello,

    I'm a F1 student got married to US Citizen in Feb 2010, I'm graduating in may 2010 and my husband has filed for my green card concurrently (I-485 & I-130) on Apr 15 2010. My question is do i need to apply for my OPt to be in status? The last date to apply for my OPT is april 26th 2010. Please help me as it is sort of URGENT. Modeators please wake up and answer my ques.

    Thanks in advance.
    Akhira kawasaki

  2. #2

    Default Change of mind!

    Once you file for AOS, it means you intend to abandon your F1 status. If you don't do OPT, the whole purpose of your F1 goes in totally different direction. If for some reason your GC is denied, it would be difficult to go back to F1 or do OPT. The best way to do would have been that you first should have graduated applied for you OPT and then after couple of months, later down the road, applied for AOS. This would have helped you to build your marriage up, showing good intentions. I am not sure if your OPT will be approved or not. Check with your international office of your college. Getting married and applying so quickly, especially with F1, for GC, does put you under lot of scrutiny by USCIS. I don't know which university/college you go to, but all universities pretty much have the same rules in regards to OPT. Here is a link from UNH. I hope it might help.
    And please remember, I am not an attorney.
    Last edited by hotelier73; 04-21-2010 at 11:36 AM.

  3. #3

    Default F1 student married US Citizen, Status Question#2

    Thanks for Reply! I guess you forgot to post the Link, Please post it so that i can go through it. I guess we are genuine in the case so then what ever USCIS ask we can provide with out no hassle, i have confronted with school's international office, they told me to apply for AOS first, so please post any other suggestions.

    Thanks again
    Akhira

  4. #4

    Default I guess

    My understanding about this process is that when you apply for OPT, you are given a new SEVIS I-20 by your school. You submit this SEVIS I-20 with form I-765 (which is for employment authorization document). Since you have already applied for AOS, then you might have applied for EAD (I-765) along with it. You can only apply for one EAD at a time. So having applied for EAD with your AOS and then again applying for I-765 based on OPT, does not make any sense. I hope, you husband did apply for your I-765 along with your AOS package. And about the link, I guess immihelp would not let you post any links. I posted the link but it was removed by immihelp. You can Google OPT & F1 and you will be able to find info.
    I did not want to scare you off. But if you read experience pretty much everywhere, newly weds, especially with f1 do go through lot of scrutiny by USCIS. Some people have to go through lot of interviews before even being able to get GC. Try to gather as many documents/evidences about your relationship with your husband as possible. I am sure you have gone through the info on this website. This website is very informative and I will say the only one out on the internet with such a comprehensive information about pretty much anything an intending immigrant needs. I hope things turn out to be just fine for both of you. This country is full of opportunities. If you have good intentions in the beginning, then there is no such a great place other than USA, on this whole earth to live and be successful!
    Last edited by hotelier73; 04-22-2010 at 11:26 AM.

  5. #5

    Default f1 student married us citizen

    hi guys,

    I'm an F-1 student who married a US citizen (married 1 year ago). We filed the I-130 and it have just been approved (1 month ago). Now I'm filling the I-485, and I-765.

    My question is, do I still have to take full-time class (as I did before) while my forms processing? I mean Am I ok if I won't take any classes for the next semester while I-130 was approved and I-485 + I-765 are processing? because I gonna wait to transfer to University (I'm in a community college)
    Will I be living in the US illegally if I don't go to college?

    Thank you in advance for your help.

  6. #6

    Default

    Quote Originally Posted by hannah113 View Post
    hi guys,

    I'm an F-1 student who married a US citizen (married 1 year ago). We filed the I-130 and it have just been approved (1 month ago). Now I'm filling the I-485, and I-765.

    My question is, do I still have to take full-time class (as I did before) while my forms processing? I mean Am I ok if I won't take any classes for the next semester while I-130 was approved and I-485 + I-765 are processing? because I gonna wait to transfer to University (I'm in a community college)
    Will I be living in the US illegally if I don't go to college?

    Thank you in advance for your help.
    The I-130 is just the first step! Be careful of being out-of-status; it may cause you trouble during the next process ( I-485 interview). Anyway, why you did not file everything together; you have the privilege to do so as US spouse! Do not leave school, keep going. It will make the whole process much easier! This is my advice from similar cases that I have witnessed. Good luck!

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