shaslip

Hi all -

My girlfriend and I have been together now for about 4 years. We met in London while she had Leave to Remain and was working as a teacher. We moved to the US 2 years ago so that I could study for my MFA. I finished school in May and am currently working in the US under OPT status on my F-1 visa. Now that I have finished my course, we are talking about getting married.

What forms do I need if I am currently on the F-1 visa when we get married?
Will I be able to continue to work while I am waiting for my green card to be approved? If so, what form do I need to fill out while I am waiting the 6-12 months for my green card so that I can continue to work.
Can this process be expedited?

We also would consider moving back to the UK if equivalent process is easier, as long-term, we are unsure of where we will settle.

Any help is much appreciated.

meauxna

hi there,

If you want to remain in the US and become a Permanent Resident (green card) you can do this as the spouse of a US citizen; the process is called Adjustment of Status. There is a starter entry in the wiki here, describing the steps.
You'll see the instruction for Employment Authorization Documents; that is the interim work permit you get until your Green Card decision.
EADs take about 90 days to receive, from application. You may want to consider the timing if you don't want to leave the job you're in. You'd need to be under OPT or have your EAD in hand to be employment authorized.

The total costs are close to $2000.

ian-mstm

Once married, your wife would file form I-130 and I-864, and you would file forms I-485, I-765, and I-131. There is documentation that goes with each form. You can get the forms at www.uscis.gov and it'll cost you $1365 to file all the forms. There's also a medical that you'll need to take, and you'll need to get hold of your long form birth certificate and send away for your ACPO certificate.


Yes. As long as your F-1/OPT is valid, you can continue to work. Once you get employment authorization (EAD, form I-765), you can look for a new job or continue to work for your OPT sponsor if it's still valid.


No... it'll take as long as it takes.


For long-term plans like that, you'd do well to remain in the US for the next 4-5 years so that you can apply for naturalization. Then, you're free to come and go as you please... and your wife can do the same in the UK! Indeed, if she's eligible now, she should file for UK naturalization... it'll make all things easier in 5 or so years when you decide to return.

Ian

Noorah101

No need for the ACPO certificate when doing AOS inside the USA.

Rene

ian-mstm

D'Oh... must have donuts!

Ian