I have an OPT and just married a US Citizen
Congratulations on getting married! It is great to be in love and to have your partner support your immigration journey by sponsoring you for an adjustment of status. As an F-1 visa holder who just married a U.S. citizen, you may be eligible to apply for Adjustment of Status to obtain lawful permanent resident status, also known as a green card. Here are some key points you need to know about the Adjustment of Status process when you have an OPT:
Eligibility: To be eligible for Adjustment of Status through marriage when you are a student with a valid OPT or expiring OPT, you must meet the following requirements:
You are legally married to a U.S. citizen.
You entered the U.S. legally and currently have a valid F-1 visa status.
You have not violated the terms of your F-1 visa.
You are admissible to the United States (i.e., you don't have any disqualifying factors, such as criminal history, fraud, etc.).
Filing Form I-485: The primary form to apply for Adjustment of Status is Form I-485, Application to Register Permanent Residence or Adjust Status. This form should be filed with U.S. Citizenship and Immigration Services (USCIS). Along with the form, you will need to submit supporting documents, such as identification documents, proof of marriage, financial documents, medical examination report, and more. Any missing or incorrectly filed forms can significantly delay your case and can also lead to a denial so make sure to carefully follow the instructions and provide all required documentation.
Work Authorization: Along with your Adjustment of Status application, you can file Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). This will allow you to work legally in the United States while your Adjustment of Status application is pending.
Travel Permission: If you plan to travel outside the U.S. while your AOS application is pending, you will need to obtain advance parole to re-enter the country. Without advance parole, leaving the U.S. before your green card is issued could jeopardize your Adjustment of Status application and you could be stuck outside the US and unable to enter.
Conditional Green Card: If you have been married for less than two years at the time of your Adjustment of Status approval, you will be granted a conditional green card. It is valid for two years. Within the 90-day period before the expiration of your conditional green card, you will need to file Form I-751 to remove the conditions and obtain a 10-year permanent green card, 90 days before your conditional resident card expires.
Adjustment of Status Interview: As part of the Adjustment of Status process, you will likely be scheduled for an interview at a USCIS field office. The interview is an opportunity for USCIS to verify the authenticity of your marriage and assess your eligibility for a green card. Make sure to prepare well for the interview, bring all necessary documentation, and answer questions truthfully. Please note that since the beginning of 2023 USCIS has been waiving interviews for cases that are very well documented when the case is filed. We do not know if this trend will continue or if USCIS will resume interviews once they have reduced their backlogs.
It is important to note that immigration processes can be complex and requirements may vary depending on individual circumstances. It is recommended to consult with an immigration attorney to guide you through the Adjustment of Status process and ensure that all your documentation is in order. They can provide personalized advice based on your specific situation.
Should you or your loved one have any questions or need representation, please do not hesitate to call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.