Traveling & Working while changing status from F-1 to greencard

[anirudh316]

Hello,
I am currently on F-1 visa, graduating in May 2014. I have already secured a job starting June 2014.
I am marrying a US citizen and we have 2 different options:

1. Get legally married in February and apply for Greencard immediately. In this case, how would I be able to work in June - would I have to apply for my OPT EAD or get employment authorization through greencard application? Also, in this case, how would I be able to travel - would I need Advance Parole? Would I be able to continue my studies after Greencard application - doesn't F-1 visa get voided?

2. Apply for OPT now and travel in May using OPT EAD card. Come back to US in June, get legally married and apply for Greencard. In this case, which document would I need to start working from June - the OPT EAD or some employment card through greencard application? Also, would I need Advance parole to travel after this?

Which route would you suggest?
Thank you for your time and help!

 

[newacct]

1. When you apply for Adjustment of Status, you can apply for EAD and Advance Parole at the same time for free. The EAD/AP combo card takes about 2.5-3 months to get. So if you apply for them with AOS, you will be able to work and/or travel 3 months after applying for AOS. You need Advance Parole or you will automatically abandon your AOS if you leave the U.S. A "visa" is only for entering the U.S.; you will not be able to use an F-1 visa to enter anyhow, because you have immigrant intent. You still have F-1 status, if you didn't violate its conditions. However, once you apply for AOS, you can stay and study in the U.S. regardless of F-1 status.

2. This is not so good. When you re-enter the U.S. on an F-1 visa, you cannot have intent to adjust status after you get in the U.S. But that's precisely what you intend to do.

 

[Jackolantern]

Hello,
I am currently on F-1 visa, graduating in May 2014. I have already secured a job starting June 2014.
I am marrying a US citizen and we have 2 different options:

1. Get legally married in February and apply for Greencard immediately. In this case, how would I be able to work in June - would I have to apply for my OPT EAD or get employment authorization through greencard application?

Apply for EAD based on the green card application. That EAD will not have the restrictions of the OPT EAD like having to get a job in the field of study or the 90 day unemployment limit.

Also, in this case, how would I be able to travel - would I need Advance Parole?

Yes. The F-1 visa would be void for travel purposes, so you would need Advance Parole to be approved before leaving the US (or have the green card itself).

Would I be able to continue my studies after Greencard application - doesn't F-1 visa get voided?

With a pending AOS application you don't need F-1 status to study. The pending AOS also gives you the option to change to part-time or to stop studying, but if you do either you should notify the International Student Office (or whatever they call it at your school) about your AOS application and show them the I-485 receipt, so they can remove you from SEVIS monitoring. Otherwise an alarm may be raised in the system with USCIS or ICE if you are no longer studying full time.

 

[anirudh316]

1. When you apply for Adjustment of Status, you can apply for EAD and Advance Parole at the same time for free. The EAD/AP combo card takes about 2.5-3 months to get. So if you apply for them with AOS, you will be able to work and/or travel 3 months after applying for AOS. You need Advance Parole or you will automatically abandon your AOS if you leave the U.S. A "visa" is only for entering the U.S.; you will not be able to use an F-1 visa to enter anyhow, because you have immigrant intent. You still have F-1 status, if you didn't violate its conditions. However, once you apply for AOS, you can stay and study in the U.S. regardless of F-1 status.

2. This is not so good. When you re-enter the U.S. on an F-1 visa, you cannot have intent to adjust status after you get in the U.S. But that's precisely what you intend to do.

When I re-enter USA, I would be entering on my OPT EAD and later doing my greencard application. There would be a time lag between the 2 events, so shouldn't that be alright?
Also, since we live in different states and would continue to do so for a year after the wedding (because of schooling and then job), would this be a problem?

 

[anirudh316]

Apply for EAD based on the green card application. That EAD will not have the restrictions of the OPT EAD like having to get a job in the field of study or the 90 day unemployment limit.


Yes. The F-1 visa would be void for travel purposes, so you would need Advance Parole to be approved before leaving the US (or have the green card itself).


With a pending AOS application you don't need F-1 status to study. The pending AOS also gives you the option to change to part-time or to stop studying, but if you do either you should notify the International Student Office (or whatever they call it at your school) about your AOS application and show them the I-485 receipt, so they can remove you from SEVIS monitoring. Otherwise an alarm may be raised in the system with USCIS or ICE if you are no longer studying full time.

Thanks, Jackolantern.
Would you know if it would be a problem if I reentered USA in June on my OPT EAD and F-1 and after a couple of weeks applied for my greencard?
What sort of documents do they need for couples living in separate states?

 

[Jackolantern]

Thanks, Jackolantern.
Would you know if it would be a problem if I reentered USA in June on my OPT EAD and F-1 and after a couple of weeks applied for my greencard?

Yes, that could be a problem. You're not supposed to enter the US with an F-1 visa while having immigrant intent. While they're generally lenient about this if you're married to a US citizen, they still frown on it and you should not give them another reason (in addition to living in separate states) for them to view your case negatively. If you're going to do that, wait at least a couple months after entering the US to marry and apply for the GC, so it doesn't look so blatant.

But it would be better to get married first, get Advance Parole, then travel.

What sort of documents do they need for couples living in separate states?

Evidence that you've been visiting and communicating regularly -- phone bills, airline/bus/train tickets, pictures together at recognizable places in each other's states.