I'm marrying an F-1 holder, his OPT expires May 2012

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jeterfan1

Registered Users (C)
Awesome forums, I greatly appreciate this place!
This is my first post after reading many pages/FAQ/listening to the conference calls...I am still learning all the abbreviations and am a newbie, sorry!


I'm a USC, marrying an F-1 holder, his OPT (Optional Practical Training) Employment Authorization card expires May 2012. We will have our wedding on March 17.
We are in the New York City area. He is from Japan.

I'm gathering all the paperwork now and hope to mail everything off in March, as soon as the ink is dry on the marriage certificate!!!

1) My question is, he already has an SSN and an EAD now under OPT, so when we file the whole 485 packet with I-765, that should give him a fresh EAD, right?

2) Also, I don't understand the wait times chart very well. But it seems likely that my fiance may have to stop working, doesn't it? (EAD expires May 26, 2012 and we will probably mail the application packet around March 25. Unfortunately we cannot get married any earlier than that.)

3) He has been here as a student for 6 years on support from parents. So he has no W-2s/tax returns for the last 6 years. He will have a 2011 W-2 for the first time. He didn't work at all, so I don't see any problem, but is it an issue?

Many many thanks for your insights!
 
jeterfan1 said:
Awesome forums, I greatly appreciate this place!
This is my first post after reading many pages/FAQ/listening to the conference calls...I am still learning all the abbreviations and am a newbie, sorry!


I'm a USC, marrying an F-1 holder, his OPT (Optional Practical Training) Employment Authorization card expires May 2012. We will have our wedding on March 17.
We are in the New York City area. He is from Japan.

I'm gathering all the paperwork now and hope to mail everything off in March, as soon as the ink is dry on the marriage certificate!!!

1) My question is, he already has an SSN and an EAD now under OPT, so when we file the whole 485 packet with I-765, that should give him a fresh EAD, right?

2) Also, I don't understand the wait times chart very well. But it seems likely that my fiance may have to stop working, doesn't it? (EAD expires May 26, 2012 and we will probably mail the application packet around March 25. Unfortunately we cannot get married any earlier than that.)

3) He has been here as a student for 6 years on support from parents. So he has no W-2s/tax returns for the last 6 years. He will have a 2011 W-2 for the first time. He didn't work at all, so I don't see any problem, but is it an issue?

Many many thanks for your insights!
Click to expand...

Hello,
My situation is same as your husband. I am a F1 on OPT, but my card was expired in July 2011.
1) They will give your husband a new card because the new card will have a new category (famaly base).
2) Time chart depend on each services center and your husband backgound check. But it usually takes around 3 months from the day they receive your package to have the interview appoitment. The new EAD card will come before that. So your husband has to stop working if the new card does not arrive before or on the day the old card expired. But he can do expedite request to rush the process.
3) It is ok for not having tax returns for the last six year. When he get his W-2 this year, He and you should fill tax together. It will be a good evidence to prove your bona fides marriage. So when I fill out the form he is still working, but after that you need to make sure your income is enough to sponsor him.
It is just my idea. Hope it help and good luck :)
 
jeterfan1 said:
I'm gathering all the paperwork now and hope to mail everything off in March, as soon as the ink is dry on the marriage certificate!!!
Click to expand...

Good. Be aware that the entire process for the I-693 medical from making the appointments to receiving the sealed envelope with the results could take 2-4 weeks, so make the appointment ASAP in order to ensure everything is ready to send in March. The medical can be done before getting married, and as much as 12 months before filing the I-485, so it's not too soon to get it started now.

1) My question is, he already has an SSN and an EAD now under OPT, so when we file the whole 485 packet with I-765, that should give him a fresh EAD, right?

2) Also, I don't understand the wait times chart very well. But it seems likely that my fiance may have to stop working, doesn't it? (EAD expires May 26, 2012 and we will probably mail the application packet around March 25. Unfortunately we cannot get married any earlier than that.)

3) He has been here as a student for 6 years on support from parents. So he has no W-2s/tax returns for the last 6 years. He will have a 2011 W-2 for the first time. He didn't work at all, so I don't see any problem, but is it an issue?
Click to expand...
1) and 2): He will get a fresh EAD. It is expected to take 2-3 months to be approved, so he may have to stop working for a short time after his existing EAD expires. He can take a vacation or unpaid leave during that gap; the employer doesn't have to permanently terminate employment.

3) That's not an issue unless you were planning on using his income for the I-864.
 
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Oh man, thanks so much for the comprehensive replies!!
chriskertown -- thanks, I hadn't thought about filing taxes jointly
Jackolantern -- great stuff, I just now did a search to find a free clinic which can make an appointment for the exam. That was actually another question I had but I did not want to post too many questions at once!

Yes, both our income will be used for the I-864, but mostly mine. So I have my tax transcript ready to go for the past few years. Should we just use my income alone? (it will just barely pass the income guideline).

And that is an excellent idea about taking paid leave/vacation!!!! I will ask him to mention it to his company in advance.


Well, I have two other questions.
1)The I-485 asks for "A-number (if any)"? Is that the "admission number" written on his I-20? Because I have read conflicting definitions of A-number, and the form instructions don't clarify it. His EAD card has a number but that starts with "EAC," not "A." (Also the G-325A asks for "File number A_____"?)

2)On the I-485, it asks for I-94 number. Is that stamped on the passport somewhere? I didn't see it.
 
jeterfan1 said:
Jackolantern -- great stuff, I just now did a search to find a free clinic which can make an appointment for the exam.
Click to expand...
A free clinic? Did you check the clinic (and more specifically, the doctor) on the USCIS list of designated civil surgeons? I've never heard of anybody getting it done for free.

Yes, both our income will be used for the I-864, but mostly mine. So I have my tax transcript ready to go for the past few years. Should we just use my income alone? (it will just barely pass the income guideline).
Click to expand...

Use your income alone on the I-864 since it's above the required amount (albeit barely), but bring evidence of his income to the interview just in case.

And that is an excellent idea about taking paid leave/vacation!!!! I will ask him to mention it to his company in advance.
Click to expand...
He should avoid unnecessarily alerting the company about the EAD expiration situation. Some companies overreact (and may fire him) because they're so scared of immigration regulations. The new EAD might be approved before the existing one expires, or he might be able to take a vacation during the gap (without telling them about the expiring EAD) and return to work with the new EAD before the company realizes anything about the expiration.

He should say something only if they bring it up, or if the expiration date gets very close without the new EAD and he doesn't already have a vacation scheduled to meet the gap. To summarize -- requesting a vacation now to cover the (potential) gap in EAD validity is a good idea, but telling them about the reason right now (impending EAD expiration) isn't.
 
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Thanks very much. I thought it was a form one could take to any doctor, I see the list now and found a few places in my zip.

Almost all the workers at his company are from Japan, so they are experienced with visa stuff, but I will ask his opinion, though, good idea...

How about these questions ?
1)The I-485 asks for "A-number (if any)"? Is that the "admission number" written on his I-20? Because I have read conflicting definitions of A-number, and the form instructions don't clarify it. His EAD card has a number but that starts with "EAC," not "A." (Also the G-325A asks for "File number A_____"?)

2)On the I-485, it asks for I-94 number. Is that stamped on the passport somewhere? I didn't see it.
 
Jackolantern said:
Use your income alone on the I-864 since it's above the required amount (albeit barely), but bring evidence of his income to the interview just in case.
Click to expand...

btw, I used this I-864 calculator:
ww.immpower.org/Affidavit_of_support_calculator_1.cfm

...seems the income requirement (based on 2011) is not as strict as I thought, have to double-check it with govt table.
 
jeterfan1 said:
Thanks very much. I thought it was a form one could take to any doctor, I see the list now and found a few places in my zip.

Almost all the workers at his company are from Japan, so they are experienced with visa stuff, but I will ask his opinion, though, good idea...

How about these questions ?
1)The I-485 asks for "A-number (if any)"? Is that the "admission number" written on his I-20? Because I have read conflicting definitions of A-number, and the form instructions don't clarify it. His EAD card has a number but that starts with "EAC," not "A." (Also the G-325A asks for "File number A_____"?)

2)On the I-485, it asks for I-94 number. Is that stamped on the passport somewhere? I didn't see it.
Click to expand...

Dont worry about A#, use his social sercurity number instead. They will give him the new A# by the way.
The seperate paper was stapled with his passport that said "Departure Record" is I-94. use the admission number on it.
 
chriskertown said:
Dont worry about A#, use his social sercurity number instead.
Click to expand...
Make sure not to write his Social Security number in the space that asks for A#. Leave the A# blank, he doesn't have one since he hasn't applied for a green card or involved in anything else that would give him a permanent A#. The A# on his OPT-EAD or I-20 is only a temporary one, not to be used for green card applications.
 
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F1 on OPT?

chriskertown said:
Hello,
My situation is same as your husband. I am a F1 on OPT, but my card was expired in July 2011.
1) They will give your husband a new card because the new card will have a new category
Click to expand...

chriskertown, you're in a very similar situation!
I wanted to go meet his whole family over the holidays, but we decided it was too risky to get denied re-entry. :( You also cannot travel? Or did you get the travel authorization?
 
no A-number

Jackolantern said:
Make sure not to write his Social Security number in the space that asks for A#. Leave the A# blank, he doesn't have one since he hasn't applied for a green card or involved in anything else that would give him a permanent A#. The A# on his OPT-EAD or I-20 is only a temporary one, not to be used for green card applications.
Click to expand...

OK, got it!!! I will leave it blank, then! Awesome advice, thx much.
 
income table

Jackolantern said:
Which government table are you looking at? The I-864P?
Click to expand...

I guess it's no big deal to mention my salary: I make $34,000 before taxes. I thought it was based on cost of living in New York city area for a household of two, but I guess it's a national average, so seems ok...
 
jeterfan1 said:
I guess it's no big deal to mention my salary: I make $34,000 before taxes. I thought it was based on cost of living in New York city area for a household of two, but I guess it's a national average, so seems ok...
Click to expand...

The I-864 requirements are based on the Federal poverty line and the numbers are the same for every state except Hawaii and Alaska.

$34000 is more than $15K above the I-864 requirement for household size of two.
 
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