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

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

    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?

    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?

    Please suggest which is better.
    Thank you for your time and help!

  • #2
    Traveling & Working while changing status from F-1 to greencard

    If you get married in feb and filled your papers in feb, you should be able to get your EAD /AP in about 2 to 3month, If you file it all together. I filed mine in august and I got my EAD/AP in October but in my own case I was not on F1, maybe someone else can help you more one these. Just my opinion not legal advice.

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    • #3
      Thanks for the reply.
      So in that case, if I file for my greencard right now, I would NOT have to do my OPT?
      In the other scenario, where I file for greencard in June after my international travel in May, would it be a problem to come back using my OPT EAD and then filing for greencard? Would that be considered coming back on a non-immigrant visa but with immigrant intent?

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      • #4
        Also, since we live in separate states and do not have joint leases etc, what kind of documents would we need?
        We have been together for 10+ years and have pictures of our engagement, college years, etc.

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        • #5
          Originally posted by ramz View Post
          If you get married in feb and filled your papers in feb, you should be able to get your EAD /AP in about 2 to 3month, If you file it all together. I filed mine in august and I got my EAD/AP in October but in my own case I was not on F1, maybe someone else can help you more one these. Just my opinion not legal advice.

          After the greencard application, what's the maximum time to receive the EAD / Advance Parole? Is it "ALWAYS" less than 3 months? This is because I need to plan my international travel exactly 3 months after the application.
          Also, if I travel on my OPT EAD after graduation, is there a problem with re-entering with that and later(2 months) applying for greencard?
          Is there a certain continuous time period one has to stay in US before being eligible to apply for greencard?

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