Mary23

Hi,
My boyfriend of 3 years and I decided to get married this year in July. I will be on OPT starting in June. However, we will not be living together anytime soon because of previous commitments I made with my family, and there is no getting around this as well. I personally don't see the rush to file for my green card but he is hell bent on the matter. Since I've been in the States since 2001, and travel out frequently. We have no idea since we're exploring the filing now how he should petition for me:

1. Do we file for an adjustment of status? (no clue what this is)
2. Do we file the normal way?
3. Can someone in F1 status adjust their status in the states to permanent residence
4. The Big One! What are the complications when filing and interviewing since we won't be sharing the same address.

Ps. I'm not illegal............just wanted to know some stuff.

Thanks, Mary

Just Jenney

First things first. Is your boyfriend a US citizen?

Assuming that he is a US citizen, then AFTER you marry you can file for adjustment of status (AOS) based on your marriage to him. This means you'll be applying to become a US permanent resident and to get a green card. Since you're starting your OPT next month, I'm assuming you already have an employment authorization card (EAD) and a social security number (SSN)?

If he's not a US citizen, then I'm not sure if you are able to adjust status. Someone else here probably knows the answer to that, though.

As opposed to.....?? The abnormal way?? Please explain what you mean.

Generally speaking, yes.

It can be done, but it may make things a bit more difficult, of course. Do a search of the forum for posts about this. Noorah101 went through the AOS process living apart from her husband -- look through her posts.

Also, does your boyfriend meet the financial sponsorship requirements? If he doesn't, does he have someone who would agree to be a co-sponsor?

~ Jenney

Rete

Your OPT job only lasts for one year, I believe. After that you have no rights to live and work in the US so you will have to file for adjustment of status based on marriage to your USC boyfriend. So why not do it now before the need is acute?

When you file for AOS he will file the I-130 immediate relative visa for you and you will file the I-485 for adjustment of status, your medical (I-693), multiple forms G-325 bio forms for you and him, I-864 affidavit of support from him and a co-sponsor if needed, I-765 if you want to be able to work after your OPT training is completed, I-131 if you want to travel outside of the US and return while your AOS is pending and the biometrics fee.

Noorah101

Yes, and Rete and Jenney explained the process and paperwork involved.

Filing AOS is the normal way for someone in your situation.

Yes.

The main requirement is that you be legally married and be able to prove you have a co-mingled social and economical life. USCIS forgives couples who are temporarily separated due to work or school issues. In our case, we have our permanent home in Phoenix, but because of my alien husband's specialized field of work, he stays in Los Angeles for a couple of weeks at a time, and then comes home for long weekends, and we take vacations together. We keep thinking of moving to LA, but to be honest we simply cannot afford it. And so far, nothing in Phoenix has opened up for him. My husband has his conditional green card and we've just filed for his 10-year card, with no problems so far.

Best Wishes,
Rene

Mary23

Thank you guys so much for the info it's really helpful.

Thank you all