David C

Hi Im David in Texas, this is my situation.

I have a F1 visa, finished my masters degree summer 2002, and right
now I'm on OPT (optional practical training), so I have an employement
authorization card for the INS valid until July 2003.

My wife is a US citizen, we married on May 2002 (Las Vegas, ).

I want to change my status to permanent resident, I understand she
needs to file a I-130 and I need to file the I-485. How long does it
take each form? Should we file first the I-130 and later the I-485 or
should we file concurrently? What are the differences?

My wife is expecting, she doesn't work. I have a good job here in the
US and obviously, I support our home. After we file the I-130, How
long does it take for me to be allowed to work? Since my current work
permit expires next July, should I file the I-765 too? Or, it is
automatic the work permit once they aprove the I-130?

I am kind of confused, since I am already working and already married;
I don't know if the I-765 apply for my case. Is there a way I can skip
the I-765 fee?

Another confusing situation:
I live in the border (El Paso), and work as a professor both sides (El
Paso, TX and Juarez, MEX), so I go to Mexico at least 3 times a week.
When we file, I won't be allowed to go to work to Mexico? Is there
some kind of permit that allow me to continue working in Juarez? Is
this a case of advance parole? If this is so, Is there a period
between my aplication and the acceptance of "my traveling" to Mexico,
such that I won't be allowed to go to Mexico? (Of course, I mean going
to Mexico and return safely the same day to my home in El Paso). Does
anybody know how does this work? When I go to Juarez, I use my
passport and F1 visa to come back to the US, if filing to AOS then I
can't use my F1 anymore?

One more question (sorry, lol), should we file to a local office or to
the Service Center? Somebody know the differences?.

Well, hopefully some good soul can help me with some of the questions.
Thanks in advance.

David Cossio
[email protected]

"Life is a miracle, no death is meaningless"

Hnchoksi

    >Subject: Should I file I-130 and I-485 concurrently?. F1 Visa, happily
    >married.
    >From: [email protected] (David C)
    >Date: 3/3/03 7:49 AM Eastern Standard Time
    >Message-id:
    >Hi Im David in Texas, this is my situation.
    >I have a F1 visa, finished my masters degree summer 2002, and right
    >now I'm on OPT (optional practical training), so I have an employement
    >authorization card for the INS valid until July 2003.
    >My wife is a US citizen, we married on May 2002 (Las Vegas, ).
    >I want to change my status to permanent resident, I understand she
    >needs to file a I-130 and I need to file the I-485. How long does it
    >take each form? Should we file first the I-130 and later the I-485 or
    >should we file concurrently? What are the differences?
    >My wife is expecting, she doesn't work. I have a good job here in the
    >US and obviously, I support our home. After we file the I-130, How
    >long does it take for me to be allowed to work? Since my current work
    >permit expires next July, should I file the I-765 too? Or, it is
    >automatic the work permit once they aprove the I-130?
    >I am kind of confused, since I am already working and already married;
    >I don't know if the I-765 apply for my case. Is there a way I can skip
    >the I-765 fee?
    >Another confusing situation:
    >I live in the border (El Paso), and work as a professor both sides (El
    >Paso, TX and Juarez, MEX), so I go to Mexico at least 3 times a week.
    >When we file, I won't be allowed to go to work to Mexico? Is there
    >some kind of permit that allow me to continue working in Juarez? Is
    >this a case of advance parole? If this is so, Is there a period
    >between my aplication and the acceptance of "my traveling" to Mexico,
    >such that I won't be allowed to go to Mexico? (Of course, I mean going
    >to Mexico and return safely the same day to my home in El Paso). Does
    >anybody know how does this work? When I go to Juarez, I use my
    >passport and F1 visa to come back to the US, if filing to AOS then I
    >can't use my F1 anymore?
    >One more question (sorry, lol), should we file to a local office or to
    >the Service Center? Somebody know the differences?.
    >Well, hopefully some good soul can help me with some of the questions.
    >Thanks in advance.
    >David Cossio
    >[email protected]

You have a complicated case. Suggest you hire a lawyer to avoid any
complications.

Sylvia Ottemoeller

"David C" wrote in message
news:[email protected]...

    > Hi Im David in Texas, this is my situation.
    > I have a F1 visa, finished my masters degree summer 2002, and right
    > now I'm on OPT (optional practical training), so I have an employement
    > authorization card for the INS valid until July 2003.
    > My wife is a US citizen, we married on May 2002 (Las Vegas, ).
    > I want to change my status to permanent resident, I understand she
    > needs to file a I-130 and I need to file the I-485. How long does it
    > take each form? Should we file first the I-130 and later the I-485 or
    > should we file concurrently?

You should file the I-130 and I-485 (and I-765 and I-131) concurrently at
INS El Paso. Here is the web page, which is broken at the moment:

http://www.immigration.gov/graphics/...so/aboutus.htm

Here is one account of filing Form I-485 at INS El Paso in 1998:
http://www.kamya.com/aos/texas.html

What are the differences?

If you file the I-130 by itself, it must be submitted to the INS Texas
Service Center, and then you must wait for approval. This will take almost
2 years from filing to approval; see http://www.shusterman.com/tsc.html.
You would then file the I-485 with the I-130 approval at INS El Paso.

Most people who file I-130s at the INS Service Center are establishing a
priority date in a numerically limited family-based category. They cannot
file the I-485.

There is no advantage filing the I-130 separately first, when you as an
immediate relative in a category which is not limited can file the I-485
concurrently. It would simply add to your overall processing time the extra
time for filing and approval of the I-130.

    > My wife is expecting, she doesn't work. I have a good job here in the
    > US and obviously, I support our home. After we file the I-130, How
    > long does it take for me to be allowed to work? Since my current work
    > permit expires next July, should I file the I-765 too? Or, it is
    > automatic the work permit once they aprove the I-130?

The I-765 must be filed; there is no automatic work authorization.
According to http://members.aol.com/MDUdall/instimes.htm, INS El Paso takes
14 days from filing to approval of the I-765.

    > I am kind of confused, since I am already working and already married;
    > I don't know if the I-765 apply for my case. Is there a way I can skip
    > the I-765 fee?

No. Actually, if you obtain H-1B status, you can probably skip the I-765.
Your employer would have to initiate this. You could get the H-1B petition
approved within 2 weeks, with premium processing.

    > Another confusing situation:
    > I live in the border (El Paso), and work as a professor both sides (El
    > Paso, TX and Juarez, MEX), so I go to Mexico at least 3 times a week.
    > When we file, I won't be allowed to go to work to Mexico?

The way I see it, your F-1 OPT continues even after the I-485, to its
expiration date. It does not just stop. However, the moment the I-485 has
been filed, you may not leave the U.S., even for a few hours, unless you
have advance parole. If you leave the U.S. without advance parole, your
I-485 is deemed abandoned.

Is there
    > some kind of permit that allow me to continue working in Juarez? Is
    > this a case of advance parole?

Yes.

Just one thing - if your employer gets H-1B status for you, you can travel
using the H-1B status, and you don't need advance parole. However, you
would have to get an H-1B visa stamp on the first trip outside the U.S. See
http://www.shusterman.com/hl-99regs.html.

If this is so, Is there a period
    > between my aplication and the acceptance of "my traveling" to Mexico,
    > such that I won't be allowed to go to Mexico? (Of course, I mean going
    > to Mexico and return safely the same day to my home in El Paso). Does
    > anybody know how does this work? When I go to Juarez, I use my
    > passport and F1 visa to come back to the US, if filing to AOS then I
    > can't use my F1 anymore?

Correct, if you file Form I-485, you cannot use your F-1 any more for
travel. You will have to wait for the approval of the I-131, application
for advance parole. http://members.aol.com/MDUdall/instimes.htm says that
advance parole is taking 120 days at INS El Paso. It is possible that you
could get expedited processing of your I-131; you would need a strong letter
from your employer, probably.

If you did not have the travel problem, I would say you can do this all
yourself. However, with the problem, I think it would be best to get the
help of a good immigration attorney.

    > One more question (sorry, lol), should we file to a local office or to
    > the Service Center? Somebody know the differences?.

See above.

David Cossio

Thanks Sylvia, very complete and helpful information.

We'll do it by ourselves. No lawyer around. Doing some research is just
working for me.

"Sylvia Ottemoeller" wrote in message
news:[email protected]...

Sylvia Ottemoeller

"Sylvia Ottemoeller" wrote in message
news:[email protected]...

    > "David C" wrote in message
    > news:[email protected]...

    > > I have a F1 visa, finished my masters degree summer 2002, and right
    > > now I'm on OPT (optional practical training), so I have an employement
    > > authorization card for the INS valid until July 2003.
    > >
    > > My wife is a US citizen, we married on May 2002 (Las Vegas, ).
    > >
    > > I want to change my status to permanent resident, I understand she
    > > needs to file a I-130 and I need to file the I-485. How long does it
    > > take each form? Should we file first the I-130 and later the I-485 or
    > > should we file concurrently?
    > You should file the I-130 and I-485 (and I-765 and I-131) concurrently at
    > INS El Paso.

[snip]

    > > My wife is expecting, she doesn't work. I have a good job here in the
    > > US and obviously, I support our home. After we file the I-130, How
    > > long does it take for me to be allowed to work? Since my current work
    > > permit expires next July, should I file the I-765 too? Or, it is
    > > automatic the work permit once they aprove the I-130?
    > The I-765 must be filed; there is no automatic work authorization.
    > According to http://members.aol.com/MDUdall/instimes.htm, INS El Paso
takes
    > 14 days from filing to approval of the I-765.
    > > I am kind of confused, since I am already working and already married;
    > > I don't know if the I-765 apply for my case. Is there a way I can skip
    > > the I-765 fee?
    > No. Actually, if you obtain H-1B status, you can probably skip the I-765.
    > Your employer would have to initiate this. You could get the H-1B
petition
    > approved within 2 weeks, with premium processing.
    > > Another confusing situation:
    > > I live in the border (El Paso), and work as a professor both sides (El
    > > Paso, TX and Juarez, MEX), so I go to Mexico at least 3 times a week.
    > > When we file, I won't be allowed to go to work to Mexico?
    > The way I see it, your F-1 OPT continues even after the I-485, to its
    > expiration date. It does not just stop. However, the moment the I-485
has
    > been filed, you may not leave the U.S., even for a few hours, unless you
    > have advance parole. If you leave the U.S. without advance parole, your
    > I-485 is deemed abandoned.
    > Is there
    > > some kind of permit that allow me to continue working in Juarez? Is
    > > this a case of advance parole?
    > Yes.
    > Just one thing - if your employer gets H-1B status for you, you can travel
    > using the H-1B status, and you don't need advance parole. However, you
    > would have to get an H-1B visa stamp on the first trip outside the U.S.
See
    > http://www.shusterman.com/hl-99regs.html.
    > If this is so, Is there a period
    > > between my aplication and the acceptance of "my traveling" to Mexico,
    > > such that I won't be allowed to go to Mexico? (Of course, I mean going
    > > to Mexico and return safely the same day to my home in El Paso). Does
    > > anybody know how does this work? When I go to Juarez, I use my
    > > passport and F1 visa to come back to the US, if filing to AOS then I
    > > can't use my F1 anymore?
    > Correct, if you file Form I-485, you cannot use your F-1 any more for
    > travel. You will have to wait for the approval of the I-131, application
    > for advance parole. http://members.aol.com/MDUdall/instimes.htm says
that
    > advance parole is taking 120 days at INS El Paso. It is possible that you
    > could get expedited processing of your I-131; you would need a strong
letter
    > from your employer, probably.

One more thing. If you use advance parole to travel to Mexico and return,
you must have your EAD (based on the I-485) approved. The reason for this
is that when you use advance parole to enter the U.S., your status is
"paroled." It is not F-1 any more. Therefore you must have your EAD (based
on the I-485).