Would U be so kind to help Plz? Re: Marrying & Filing Process

[liveinlove]

Hey guys,

First I must say a big "THANK YOU" to the creators of and contributors to this website. It has been a big help. God Bless you all

My question for you if you be sooo kind to help me :) is my husband and I recently got married -------> (He's a US citizen, I'm an F1 student. We met in college, and are in no hurry to go through this green card application process. It seems a lil complicated.) <----- Would it be possible to just apply for a work permit (the I765) and the travel documents (I131). We would like to build up our savings and also travel back to my homeland to meet up with friends and family. Can the other stuff wait?

Oh yeah, the other piece to the puzzle is that we've decided since I was going for my masters and he is still finishing up his Bachelor degree, and we cant afford both programs at the moment, that I would pull out of school this semester, while he finishes up his bachelors. The goal on my end would be to work instead, School is too expensive

Not being in school this fall will messs up the F1 standing, can we just apply for a EAD & that travel permit? If not, I was told we may have to file an I-130 for an Adjustment, can we do that also and then the rest later? All our money has gone into studying. We dont have the cash for the fees. We just want to be married, work, travel and start building our lives together, without the Immigration fuss right away

Thanks ALOT for your help. This whole process seems so confusing.

[pansyflower25]

I think that your husband should get the process going. If you get in any kind of trouble with the law the petition that you have going will prevent you from being deported, or a voluntary departure. How long is your student visa for? I know of a guy that arrived on a student visa, got married, and filed for his permant residence. His petition was denied. I think there is somehting about the student visa not permitting you to remain in the us...something like that. I am not sure, but you should look into it. I prepared my husbands case. We filed the I 129 F, the I 601 (pardon) and the I 485 (adjustment of status) When we arrived back from Guatemala.. I made an INFO PASS appointment at my local USCIS office. I basically told them that we are here.. what is the next step. They handed me a packet and said "follow the instructions and mail in your application.
If you have any doubts or you don't find the answer you are looking for or info.. go to your local USCIS office and explain to them what your situation is and they will tell you what the best way to go about getting lega.

[liveinlove]

Thank You pansyflower25

I appreciate you taking the time out to respond. The info you gave was helpful. To answer your question: my student visa expires very soon, but the International Student Advisor at my school told me it would be fine, so long as I have an updated I-20 form, which I do have. She explained that the visa is only necessary for travelling in and out of the country, that when I go home again, I can renew or extend it for the length of the academic program[/B]

[pansyflower25]

well, best of luck.
I know that when my husband got caught w/out a license and was arrested, the immigration said that IF he had a petition going/inprocess.. they would have let him go.
But I guess, it all worked out in the end.. cause we are almost through with his case.

[mickey_mouse]

A) yes, you *may* be able to apply for EAD as a *student*, for OPT or because of extreme hardship conditions. filing fee for I-765 is $380

B) you probably won't be able to file for AP, as you're not applying in connection with a pending I-485 application. And if you *were* able, filing fee is $360

C) filing fee for I-485 is $985 + $85 for a total of $1070. If you were to apply for (A) and (B), combined fees would be $740 - and again, you may not get an EAD at all, and you probably won't get an AP

In short - you're looking at $740 vs $1070 - $330 dollars.

Am I clear enough ?

[vetrmj]

Well, Congratulations on your marriage.
I am a F1 student and married to a US citizen, well she was a GC holder during our marriage, 2 years ago, and become a US citizen recently and we filed the concurrent I-130 and I-485 for me. From what I understand, I-130 is the petition for you, which has to be the key thing for all. Without filing I-130, you cannot file I-485 or I-131. I-485 requires an immediate visa available for the adjustment of status, for which, as you are married to a US citizen, you are the immediate relative and visa is available, once your I-130 is approved.
So your situation, if you want to file now, you have to file all the things together, and since you were not married for 2 years, they will give a temporary/conditional EAD/GC, which you have to remove the conditions after 2 years.
you can apply for an OPT once you completed the masters, but it wont allow you to re-enter.

Since you are married to a US citizen, and you overstayed beyond your F1/ I-20 status, it will be forgiven, when you file the petition, I-130.

I know it is a difficult situation, but if you are filing together, you are looking at $1490 in total. (420 for the I-130, and 1070 for I-485), which I paid recently....

I am still waiting on mine........