F1 opt unemployment almost 90 days, getting married soon

L

lady_wenyi

New Member
Hi friends, it is my first time to post question here.

I am a F-1 visa holder. I graduate from my college with a master degree this may. My OPT status started 5th, August 2014. And so far (October, 2014), I have no luck of finding a full-time employment at where my boyfriend and I currently living.

I am facing a dilemma that my accumulated unemployment days is running out, yet my boyfriend has not proposed. He fully understand the situation and agreed to marry me after my F1 status expires or near expiration day.

I told him that I would have to go back to my country if my legal status ended. And he says he would propose before that point and we will get a courthouse marriage.

I checked the available dates for courthouse ceremony, and it will be Oct.30 2014.

My questions are:
1. Will this be too late for me get married?
November 3rd will be my last day for unemployment day. Will this be too late for me to change my status without being total legal? Say my partner files the I-130 petition the same day we get married (Oct. 30, 2014) I was wondering if there be overlapping period that courts for illegal stay for me which might hurt my application for GC.

2. Since my EAD card is associated with my F1 status. Will I not be able to work until I received my GC?
The actual expiration date on my EAD card is 4th, August, 2015. But I understand the application process will take up to 180 days. If I do have opportunities during the time waiting for GC, am I still able to use my current EAD card? or will I not able to work at all?

I also know people file I-765 alone with the I-485, should I just a file a new I-765 that takes 90 days to process rather than 180 days for the GC?

3. Do I have to have a birth certificate to get married and apply GC?
I do not have one at this moment. And I not sure if I have one, since my parents are keeping all the documents for me back home.

Please give me some advice.
Thanks.
 
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You can get married at any time; you want to know whether it matters what time you apply for Adjustment of Status (which can only happen after you're married).

If you are certain that he will get married with you, and he will do all that is needed to get a green card for you, then you should stay and marry and get all the documents ready, and file Adjustment of Status as soon as possible, whether that be before or after you go out of status. As you will be in the Immediate Relative category, you don't need to be in status at the time you apply for Adjustment of Status.

You should file I-130 and I-485 concurrently. The I-130 doesn't give you any benefit and doesn't protect you against deportation; only I-485 allows you to stay. So you should wait until you are ready to file I-485 and file both concurrently.

The AOS doesn't affect your OPT. But you will violate the conditions of your OPT when you hit 90 cumulative days of unemployment. After that, you are technically not allowed to work on your OPT's EAD anymore.

It is recommended that you file I-765 for EAD and I-131 for Advance Parole together with your I-485, because they're free for I-485 applicants, and there is no harm in applying for them. The AOS might be fast or slow, but the EAD/AP almost certainly comes in about 3 months (unless green card comes first), so that way you know you will be able to work/travel in at most 3 months. You don't have to use it if you get it, but you have it just in case.

Yes, you need a birth certificate to apply for Adjustment of Status (I-485), among other things. You generally don't need a birth certificate to get married.
 
newacct said:
You can get married at any time; you want to know whether it matters what time you apply for Adjustment of Status (which can only happen after you're married).

If you are certain that he will get married with you, and he will do all that is needed to get a green card for you, then you should stay and marry and get all the documents ready, and file Adjustment of Status as soon as possible, whether that be before or after you go out of status. As you will be in the Immediate Relative category, you don't need to be in status at the time you apply for Adjustment of Status.

You should file I-130 and I-485 concurrently. The I-130 doesn't give you any benefit and doesn't protect you against deportation; only I-485 allows you to stay. So you should wait until you are ready to file I-485 and file both concurrently.

The AOS doesn't affect your OPT. But you will violate the conditions of your OPT when you hit 90 cumulative days of unemployment. After that, you are technically not allowed to work on your OPT's EAD anymore.

It is recommended that you file I-765 for EAD and I-131 for Advance Parole together with your I-485, because they're free for I-485 applicants, and there is no harm in applying for them. The AOS might be fast or slow, but the EAD/AP almost certainly comes in about 3 months (unless green card comes first), so that way you know you will be able to work/travel in at most 3 months. You don't have to use it if you get it, but you have it just in case.

Yes, you need a birth certificate to apply for Adjustment of Status (I-485), among other things. You generally don't need a birth certificate to get married.
Click to expand...


Thanks for your response. That is very helpful to me.
along with your answers, I still have couple confusion.

1. For the birth certificate, do I have to have the actual document, or just a photocopy of it?
My parents can get the certificate for me but do they have to mail the actual copy to me?

2. So I have to wait for sure another 90 days before I can work again?
I can't work with my opt-EAD card after I got married. What do you mean by technically?

Thanks
 
lady_wenyi said:
Thanks for your response. That is very helpful to me.
along with your answers, I still have couple confusion.

1. For the birth certificate, do I have to have the actual document, or just a photocopy of it?
My parents can get the certificate for me but do they have to mail the actual copy to me?

2. So I have to wait for sure another 90 days before I can work again?
I can't work with my opt-EAD card after I got married. What do you mean by technically?

Thanks
Click to expand...
1. You only need a photocopy to submit with the form. You need the original at the interview.

2. Well, technically means by law you are not authorized to work, but in practice the company won't know since you have an unexpired EAD and even USCIS might not know immediately.
 
newacct said:
1. You only need a photocopy to submit with the form. You need the original at the interview.

2. Well, technically means by law you are not authorized to work, but in practice the company won't know since you have an unexpired EAD and even USCIS might not know immediately.
Click to expand...
Thank you so much.
This is very helpful for my situation.
 
newacct said:
You can get married at any time; you want to know whether it matters what time you apply for Adjustment of Status (which can only happen after you're married).

If you are certain that he will get married with you, and he will do all that is needed to get a green card for you, then you should stay and marry and get all the documents ready, and file Adjustment of Status as soon as possible, whether that be before or after you go out of status. As you will be in the Immediate Relative category, you don't need to be in status at the time you apply for Adjustment of Status.

You should file I-130 and I-485 concurrently. The I-130 doesn't give you any benefit and doesn't protect you against deportation; only I-485 allows you to stay. So you should wait until you are ready to file I-485 and file both concurrently.

The AOS doesn't affect your OPT. But you will violate the conditions of your OPT when you hit 90 cumulative days of unemployment. After that, you are technically not allowed to work on your OPT's EAD anymore.

It is recommended that you file I-765 for EAD and I-131 for Advance Parole together with your I-485, because they're free for I-485 applicants, and there is no harm in applying for them. The AOS might be fast or slow, but the EAD/AP almost certainly comes in about 3 months (unless green card comes first), so that way you know you will be able to work/travel in at most 3 months. You don't have to use it if you get it, but you have it just in case.

Yes, you need a birth certificate to apply for Adjustment of Status (I-485), among other things. You generally don't need a birth certificate to get married.
Click to expand...

Hi. It's my first time here and I've been browsing and searching for the answer on different post but couldn't seem to find one. You seem to be very knowledgeable so I wonder if you could help answer my question.
I am an international student, F1 visa already expired but still here legally on my OPT ( 12 months working visa after college). Working at Wells Fargo now but my OPT will expire in approximately 100 days. I am getting married to a US citizen.
1. I want to carry my fiance's last name. So on the marriage certificate, should I choose to have his last name? Would that delay the green card process? (since my OPT will expire soon and I would like to keep working at my current job)
2. I own a house in Minnesota (already paid), have a lot of utilities bill, a few credit cards and checking accounts, have good credit under my maiden name... Also have a Minnesota license, SSN.. etc. If I choose to change my last name on the marriage certificate, would that also mean that I have to get new Driver License and new SSN before I start filing for the green card process? Because if so, that would likely take a long time since get driver license and new social security could take a few weeks, and would I loose my good credit history? I also have an unexpired passport of my country with my maiden name .
Thank you in advance for your response.
 
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