Need your help!!!Please!!! I'm on OPT and applying for GC!! Please help!!

O

OMFSmolar

Registered Users (C)
Hi everyone,

I just got my Bachelor degree this May, and I'm currently on OPT. My boyfriend, who is a US citizen just proposed to me, and we plan to get the marriage certificate on September 15th 2011.

I'm very concerned about the following questions.

1. I will exceed the 90 days unemployment on September 30th 2011. If I apply for GC right after I got the marriage certificate, on September 15th, will I violate my status?? Do I have to find a volunteer job just to be safe?? It says I should "take action to maintain legal status by applying for another immigration status" after I exceed the 90 days unemployment. How can the government measure if I take action or not? If I start my case and create an online account at USCIS, does it mean I take action?

2. Do I need a lawyer to help me with the whole process? How do you think the attorney service at USAvisanow.com? It only charges $800 for attorney fee.

3. If I don't need a lawyer, is there any do-it-yourself kit that you would recommend to me?

4. I don't have a birth certificate. My nationality is People's Republic of China. What should I do?

5. How long does it take to get a green card? I'm planning to have a wedding ceremony in China in April 2012. If I don't have a GC in April, I have to apply for advanced parole. Do I still need a valid visa in addition to the advanced parole?

Please help me with the questions above!! Your answers and advice are greatly appreciated!!!

Thanks again!!!
Molar
 
Thank you for your reply.

Do I have to file everything before I accumulate 90-day unemployment?

Thank you very, very much!
 
OMFSmolar said:
4. I don't have a birth certificate. My nationality is People's Republic of China. What should I do?
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Order one from the place you were born.

5. How long does it take to get a green card? I'm planning to have a wedding ceremony in China in April 2012. If I don't have a GC in April, I have to apply for advanced parole. Do I still need a valid visa in addition to the advanced parole?
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Advance Parole is for people who don't have a visa that would allow entry to the US under their circumstances. It takes 2-3 months to be approved, so don't apply for it later than January.
 
But one of the requirements for students on OPT is:

"If a student exceeds the 90 day period of unemployment then he/she has technically violated his/her status." And "the student should be aware that he/she may be denied future immigration benefits that rely on valid F-1 status if DHS determines that the student exceeded the limitations on unemployment."

So, if I apply for GC after I exceed the 90-day period, I'm afraid my GC application will be denied...Isn't that the case?

And I'm afraid I won't have all application materials ready by the end of September.

I really appreciate your help and time.

Thank you!
 
OMFSmolar said:
So, if I apply for GC after I exceed the 90-day period, I'm afraid my GC application will be denied...Isn't that the case?
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No, that will be overlooked because you entered the US legally with a visa and you're applying to adjust status based on marriage to a US citizen.

And I'm afraid I won't have all application materials ready by the end of September.
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Make the medical appointment right now, as it will be the most time consuming part of the application preparation (except maybe obtaining your birth certificate*). You'll need two appointments, one long one plus a short follow-up a few days later. Depending how busy the doctors are in your area, you may have to wait a couple weeks to get an appointment, and then after the appointments you have to wait for the sealed form I-693 to be mailed back to you. Add it all up and that could be more than a month, so you should start looking through the list of designated civil surgeons ASAP and start calling them tomorrow.


*for submitting with the application you only need a copy of the birth certificate. Your parents or the school you attended might have one. You don't need the original until the interview, which would be months after you apply for the green card.
 
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You will be married to a USC. The USC spouse is filing an I-130 for you as the Immediate Relative of a USC. The I-130 is to be filed CONCURRENTLY with the I-485, I-765, and I-131. The immediate relative is forgiven unauthorized employment and for falling out of status. The out of status period has a 180 day limit before it hampers travel.

USCIS will issue a fingerprint appt for you as little as 3 weeks after filing. USCIS will issue a combo EAD and AP card (Employment Authorization Document and Advance Parole) in as little as month after fingerprinting (could be longer). As long as you have not been "out of lawful status" for 180 days or more upon the filing date of the adjustment paperwork, you will be able to freely travel abroad and return. You will require a valid passport for international travel like anyone else in your situation. NOTE: make sure all the forms are signed properly and that the fee is correct. Read and follow the form instructions.

Chinese (PRC) birth records are described on the state department website's Reciprocity Table [google for it]. USCIS will use the same information as is posted on the state dept. website.

EDIT: This assumes that you are having a quick civil ceremony in the U.S. in Sept and will have a "BIG Ceremony and Celebration" later in China for the family.
 
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Jackolantern said:
No, that will be overlooked because you entered the US legally with a visa and you're applying to adjust status based on marriage to a US citizen.


Make the medical appointment right now, as it will be the most time consuming part of the application preparation (except maybe obtaining your birth certificate*). You'll need two appointments, one long one plus a short follow-up a few days later. Depending how busy the doctors are in your area, you may have to wait a couple weeks to get an appointment, and then after the appointments you have to wait for the sealed form I-693 to be mailed back to you. Add it all up and that could be more than a month, so you should start looking through the list of designated civil surgeons ASAP and start calling them tomorrow.


*for submitting with the application you only need a copy of the birth certificate. Your parents or the school you attended might have one. You don't need the original until the interview, which would be months after you apply for the green card.
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Thank you SO much for your reply! I will make a medical appointment ASAP.
Another question would be I won't be able to provide "wedding pictures" for the government since my wedding is next April. Is that a problem when I apply for GC?
 
BigJoe5 said:
You will be married to a USC. The USC spouse is filing an I-130 for you as the Immediate Relative of a USC. The I-130 is to be filed CONCURRENTLY with the I-485, I-765, and I-131. The immediate relative is forgiven unauthorized employment and for falling out of status. The out of status period has a 180 day limit before it hampers travel.

USCIS will issue a fingerprint appt for you as little as 3 weeks after filing. USCIS will issue a combo EAD and AP card (Employment Authorization Document and Advance Parole) in as little as month after fingerprinting (could be longer). As long as you have not been "out of lawful status" for 180 days or more upon the filing date of the adjustment paperwork, you will be able to freely travel abroad and return. You will require a valid passport for international travel like anyone else in your situation. NOTE: make sure all the forms are signed properly and that the fee is correct. Read and follow the form instructions.

Chinese (PRC) birth records are described on the state department website's Reciprocity Table [goggle for it]. USCIS will use the same information as is posted on the state dept. website.
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That really helps! Thank you SO much!!!!!
 
What do you mean? Are you getting married on September 15th 2011 or in April? Because you need to be married before you can file. Clarify your statement. Is it that you will do the legal marriage in September and then do a wedding ceremony in next April?

OMFSmolar said:
Thank you SO much for your reply! I will make a medical appointment ASAP.
Another question would be I won't be able to provide "wedding pictures" for the government since my wedding is next April. Is that a problem when I apply for GC?
Click to expand...
 
OMFSmolar said:
Thank you SO much for your reply! I will make a medical appointment ASAP.
Another question would be I won't be able to provide "wedding pictures" for the government since my wedding is next April. Is that a problem when I apply for GC?
Click to expand...

You don't have to have wedding pictures. Alot of people get marriage and have their wedding later. So you can just apply for your marriage license. If you do it at the courthouse, they will do a small ceremony. Just take pictures there and use the other pictures you guys have been taking throughout your relationship.

You should also start making arrangements for you birth certificate to be sent to you as well as finding a civil surgeon since these two things will take the most time. Best of luck.
 
ananga73 said:
What do you mean? Are you getting married on September 15th 2011 or in April? Because you need to be married before you can file. Clarify your statement. Is it that you will do the legal marriage in September and then do a wedding ceremony in next April?
Click to expand...

Yes I'm getting married on 9/15/11 and will do a wedding next April. I will file after I get the marriage license and certificate. As Sonano suggested, I can take some pictures at the courthouse. Thank you guys for helping me!!
 
Hi Everyone,

Where can I get some sample forms (I-130, etc)? When I applied for OPT, there is a sample form on my school's website, and it helped me so much...

I have a lot of questions when I fill out GC applications. I know some "do-it-yourself" kits include sample forms. I don't know the credibility of those kits...Any recommendations??

Thank you in advance!
 
OMFSmolar said:
Hi Everyone,

Where can I get some sample forms (I-130, etc)? When I applied for OPT, there is a sample form on my school's website, and it helped me so much...

I have a lot of questions when I fill out GC applications. I know some "do-it-yourself" kits include sample forms. I don't know the credibility of those kits...Any recommendations??

Thank you in advance!
Click to expand...

You can fill them out yourself if you follow carefully the instructions the forms come with, and whatever question you have you can ask here and we will all pitch in and help ya :)
 
Please help!!! Questions about I130, I131, I765, I485, I864, G325A

Hi Everyone,

I have some questions while I was preparing for AOS package. Please help me! :confused::confused::confused:

General situation:
1. Came to the US as an undergraduate and got my BS in May 2011
2. Applied for OPT and got an EAD card -- Post-Completion OPT; the card expires on 6/14/2012
3. Married to a USC on 9/15/2011 in Arlington, VA
4. Household size: 2
5. Annual income: $50,000 (Only my husband works; I'm unemployed)

I'm filling out I130 and I864 on behalf of my husband. Of course he will sign it.

Some general questions:

1. I'm confused with “None” and “N/A”. There are many questions that are not applicable for my spouse and me, do I leave them blank or put “N/A”? I don't have any middle name and have never used other names, do I put “None” or “N/A”?

2. What do I put under “In care of”? I'm filing GC on my own.

3. I currently live in Washington DC. What do I put under “state” since DC does not belong to any states?

Questions about I-485:

1. On Form I-485, what do I put under “current USCIS Status”? I entered the States as a F1 student. I'm on Post-Completion OPT now and have a EAD card. Do I put "F1-OPT"??

2. I have no children so on Form I-485, Part 3 B, do I leave it blank or put “None” in all lines?

Questions about G325A:

1. On form G-325A under the “employment in last five years.”, do I have to list the unpaid internships I had? They are on my CPT record.

2. Should I put my permanent address in China under “applicant's last address outside the US of more than 1 year” on form G-325A? Otherwise I don't have any other address outside the US.

3. What is the “File Number” on G-325A? Is it the “A number”?

Questions about I-864

Household size: 2
My husband works and I'm unemployed. Our annual income is $50,000

1. On form I-864, Part 5 – Sponsor's household size, question #21:

21 a. Enter the number you entered on line 10 (I put “01”)
21 c. If you are currently married, enter “1” for your spouse (I put “1”)

Including my husband, it becomes 3 instead of 2 in the household. Should I not put “1” on 21c?? I'm confused.

2. On form I-184, Part 6 question 24 -
Do I need to fill 24e?

3. On form I-186, Part 6, question 25 - My husband just started working in July 2011. He hasn't filed any Federal tax return. What should I put for question 25.

4. Since my husband just started working in July 2011, is a job offer letter sufficient to be a supporting document when file I-186?

Questions about I-765

1. I have a EAD card for my Post-Completion OPT that will expire on 6/14/2012. When I apply for GC, do I need to file I-765?

If yes, which box should I choose:
I'm applying for: a. permission to accept employment b. renewal of my permission to accept employment

2. Do I need to pay $380 again? I paid it when I applied for EAD card OPT.

Questions about I-131

1. Do I put “IR1” under “Class of Admission”? I'm in the US and just married to a USC. I'm on OPT now.

2. I'm filing I-131 with I-485 and I-130. Do I need to pay $85 again for the biometrics?

Thank you so much for your time and help!!! Please help me with these questions!! I really appreciate your help. :D
 
Leave the middle name blank. People have sometimes gotten funny results by writing N/A or None for the middle name.

Leave the "in care of" blank or write "N/A".

Write DC although it technically isn't a state. For mailing purposes, DC is functionally a state.

Yes, write F1-OPT for your status.

Leave the children section blank, or draw one long line diagonally across the table where you would list children if you had them.

For the I-864 Q21, write "1" for 21a, and leave c to g blank ... unless your spouse has children or other dependents or other people sponsored via I-864/I-864A in the past. Note that it's your USC spouse who is to fill out and sign the I-864, not you. So if you're filling it out for him, answer the questions as if you were him.

You can keep using your existing EAD for now, you don't need to file I-765 for a new EAD ... however it's better to apply for the new EAD because the OPT EAD restricts you to jobs related to your field of study. And once you leave the US while the I-485 is pending, you will not be able to reenter in F1 status, and therefore your OPT-EAD would be voided if you travel internationally. In addition, the I-765 is "free" (embedded in the I-485 fee), so file for it anyway even if you don't end up using it.

For the I-131, F1 is your class of admission. They're asking about how you were admitted into the US, not the future status you're seeking.

You will have to pay the $85 biometrics fee in addition to the I-485 and I-130 fees. But no additional fee for I-765 or I-131.
 
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Thank you so much for your quick reply. It's very helpful! I made corrections based on your comments :D

1. My husband just started working in July and dont have federal tax return. What should we do about the questions regarding to tax returns on i-864??

2. Should I put my permanent address in China under “applicant's last address outside the US of more than 1 year” on form G-325A? Otherwise I don't have any other address outside the US.

3. What is the “File Number” on G-325A? Is it the “A number”?

4. I have a EAD card for my Post-Completion OPT that will expire on 6/14/2012.
When I file I-765, should I choose a. permission to accept employment OR b. renewal of my permission to accept employment

Thank you!
 
OMFSmolar said:
1. My husband just started working in July and dont have federal tax return. What should we do about the questions regarding to tax returns on i-864??

2. Should I put my permanent address in China under “applicant's last address outside the US of more than 1 year” on form G-325A? Otherwise I don't have any other address outside the US.

3. What is the “File Number” on G-325A? Is it the “A number”?

4. I have a EAD card for my Post-Completion OPT that will expire on 6/14/2012.
When I file I-765, should I choose a. permission to accept employment OR b. renewal of my permission to accept employment
Click to expand...
1. He'll have to attach an explanation for the lack of a tax return. Basically a one-page letter saying that he had no income or his income was below the threshold for being required to file (he should attach 1099 or W2 to show his income, if the income was nonzero). After submitting the paperwork, seek a joint sponsor in case USCIS might not be satisfied with the fact that his income is so short-lived thus far.

2. Yes, write your Chinese address.

3. Leave it blank, since you had no prior green card or asylum/refugee/other unusual case that gave you a permanent A-number (the A-number on your OPT-EAD is a temporary one, not to be used for the green card process).

4. Permission to accept employment. Replacing an OPT EAD with an I485-based EAD is not considered to be renewal. If your I-485 is still pending late next year when your new EAD (non-OPT) is about to expire, you should select the renewal option at that time.
 
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