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F1 OPT Applying for Adjustment of Status

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  • F1 OPT Applying for Adjustment of Status

    Greetings everyone,

    I am currently on an F1 visa (in OPT). My girlfriend of longtime (since college) and I recently got married. We have been talking about it for a while now and the time seemed as good as of any.
    We are preparing to file for adjustment of status for me and wanted to seek advice from this forum to clear up couple of points. I would greatly appreciate if you guys can share your experience on the topic, I know no two immigration cases are the same but still wouldn’t hurt to know you guys’ take.

    Question 1: I think we need file the following: I130, I131, I765, I864, G-325A, Medical Exam and related supporting documents. Do we need to send these to different locations or is there one central filing location for all of these.

    Question 2: My wife is not currently working and was not making over the poverty limit over the past three years. We are fresh out of college and she’s doing mostly part time stuff. However, I have a decent paying job that’s well above the poverty limit. I know that I can include my income to supplement the i864 application but not sure where to show my income? I think it would be more prudent to just put my income in the i864 but not sure if I have to file a i864A – which seems silly because it seems like that a contract for other cases. Any thoughts?

    Thanks again for taking the time. I really enjoy this forum, learned a lot over the years.

  • #2
    1. You're forgetting I-485, which is the main form for applying for Adjustment of Status. Each form has many required supplementary forms and documents. Read the instructions.

    2. She, as the petitioner, is the sponsor who fills out the I-864, and her income in Part 6 #2 is 0 since she is not currently working. Your info and current income can go in Person 1 (Part 6 #3-5). Both of your incomes will sum to her current household income in Part 6 #15 (which should equal your current income since hers is 0). Although normally household members must fill out I-864A for their income to be counted, you do not need to fill out I-864A since you are the intending immigrant. You will need to attach proof that you are authorized to work (e.g. your EAD).

    This is my personal opinion and is not to be construed as legal advice.

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