STEM OPT marrying greencard holder

M

Maria_car

New Member
Hi, I have a greencard from the DV lottery of 2024. My husband is currently applying for his OPT stem extension as his first year ends in January 2026.

Our December bulleting number for F2A and he is form Mexico, the date is 11/22/2025.

What process do we follow as he is currently applying for his extension and we want to send the I-130 on 11/22 that is the bulletins date? once sending I-130 does his opt is still viable? can he leave the country and when he can't leave anymore? once filling AOS?

Thanks,
 
The I-130 needs to be officially received by USCIS before November 22 for him to be able to file I-485 in December. If it's received on November 22, it's too late.

I'm not sure how that will affect the STEM OPT extension.

After he files AOS (I-485), he can't leave the US while I-485 is pending unless he's been granted Advance Parole, or else he will abandon his I-485. He can't leave the US now either, as he can't re-enter the US on F1 with preconceived intent to file I-485 during that stay.
 
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This is what I was mentioning before it will be F2A and he is from Mexico. I have to send I-130 before Nov 22 right?
 
Date of filing is current, meaning you can choose to send I-130/485 together too, If you can put together all required evidence. The reason why I suggested to mail I-130 is because you get little more time to gather documents to submit I-485 at later time. Technically if you can have I-130 receipt date prior to November 22nd 2025 you can file I-485 in whole month of December 2025.

Or as suggested by newacct you can I-130 online too. May be that is good idea
 
Maria_car said:
I have to send I-130 before Nov 22 right?
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USCIS has to receive it before 22 Nov -ie the receipt date/priority date must be earlier than 22 Nov. Agree that filing online is probably going to be quickest to get this done. Once you have a receipt date before 22 November you can then file I485 in December.
While you can file in December if you get the i130 done in time, remember he won’t get an actual green card at least until the priority date is current in Chart A.
 
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whitemimauz3 said:
Date of filing is current. Final action date is not current.
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Date of filing is not current. It’s Nov 22 for the December VB. So it’s *almost* current, but because it’s not actually they first have to file i130 and get receipt notice before filing i485.
 
Got it thank you so much all of you, I will come back here and keep you updated on how it’s going and if I have any other questions. Thanks again!
 
Hi, we got married today. Can we file I-130 today?
Question, the bulletin date of Nov 22 is for adjustment of status or for I-130?
 
Maria_car said:
Hi, we got married today. Can we file I-130 today?
Question, the bulletin date of Nov 22 is for adjustment of status or for I-130?
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The date of 22 Nov is the priority date for when you can file for AOS (in December, which is when the bulletin is for) IF you have an i130 with a receipt/priority date before 22 Nov. I have no idea if the receipt date will actually be shown as today if you file online (hopefully it will be), but today is the last day for which a priority date will be current for filing AOS in December. Note that the visa bulletin clearly says priority date must be earlier than the date shown.
 
Why would you wait?

Sending i130 is the only option available to you at the moment (not sure what you meant by “at least”)
 
Isn’t it making it suspicious of the speed of applying right after getting married?
I meant like at least should we send the I-130 even if we don’t have AOS but you already explained that
 
Maria_car said:
Isn’t it making it suspicious of the speed of applying right after getting married?
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I believe it’s pretty common but up to you if you prefer to wait. Bear in mind your spouse won’t be receiving a green card for probably a few years regardless if you rush the 130 to hopefully be able to file aos next month, or wait (for however long you think won’t look suspicious)
 
Thanks so much for your help, we filled our I-130 and have a receipt number.

Now our next step is wait for “Mexico” to have a current or future date in “A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES”. In order to file AOS?
 
Maria_car said:
Now our next step is wait for “Mexico” to have a current or future date in “A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES”. In order to file AOS?
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No. You wait for a month when the date on the chart here for F2A is after your I-130 received date, to file AOS. For the last several years, USCIS has chosen The Dates for Filing chart every month for the family-based categories. For December 2025, the date on the chart is November 22, 2025, meaning if the I-130 was filed before then, I-485 can be filed in December.
 
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