M Dport
Aug 3, 2024
Currently on OPT, when to file for Marriage-based green card and EAD
Hi all,
I am currently on F-1 OPT, and my spouse is a US citizen. I haven't filed any forms for marriage-based adjustment of status yet. I would like to start the process ASAP, but worried if I must wait until 90 days after I return from my inevitable international travel planned for August 15-September 3. That means I won't be able to file until early December.
I understand that the general rule is I should wait until then due to my current OPT status, but I still wanted to ask here if there is any way for me to start the process now. I also understand that it takes a while to get an Advance Parole approved. TIA!
#I-131 #I130 #I-485 #I-765
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N GAug 3, 2024
The 90 day rule doesn’t apply to you since you’re on F-1 OPT assuming you have been in the States for more than 90 days. I just graduated on F-1 and terminated it 3 days ago since my EAD family based was approved.
You will essentially just move from F-1 OPT condition to ‘no conditions’ on the EAD with 5 year validity when you apply through the family based AOS. I’d say get your AOS started. I didn’t apply for the AP since I don’t anticipate traveling before securing my GC besides the additional cost. I’ve also heard the processing can be slightly faster when you don’t club AP in your application. All the best!
M DportAug 3, 2024
Thank you so much for your help, N G! Just to clarify a couple things —
1. When you say AOS, it’s the I-485 along with the I-130 that my spouse will file, correct? And I already have my OPT (which I obtained via I-765). Do I have to file another I-765 this time to get the family based EAD?
2. Do you mean I can get the AOS I-485 before I have to leave the US briefly on August 15 without abondoning the I-485?
Thank you so so much!
