Immigration Site

Hi Guys,

I am on F1 OPT valid till Jul 2011. My fiance is a US green card holder for 2 years now. We intend to get married next month. We have consulted a reputed immigration firm today regarding my AOS from F1 to GC. I am more confused after I met the attorney. Please clarify the following:

1. Soon after I am married I/my spouse can file for I-130 and wait for approval.

2. When the date for family based GCs becomes current, we are allowed to file I-485 if I-130 was approved.

3. From the time of I-130 filing to I-485 filing, I got to maintain my F1 OPT status.

OR

From the time of I-30 filing to I-485 APPROVAL, I got to maintain my F1 OPT status.

4. The attorney said that I have to request for a consular processing as I am on F1 which means I need to go back to the consulate in my home country to get my green card.

5. Will my OPT extension application under the STEM be affected if I apply for
I-130 before Mar 2011 ?

6. Will my H1-B application be affected if I file I-130 ?

OR

7. The best way is to file for Opt Extension in Mar 2011 and then apply for I-130 ? In this case, I may not be able to make use of the current faster current dates ...

PLEASE VOICE YOUR OPINION to HELP me and my fiance MAKE a DECISION.

Good news is that marrying a GC holder, wait time for that is reduced to a mere 10 months as per Oct visa bulletin, its almost like marrying a US Citizen which takes about 4 to 6 months to adjust status. With this kind of a short wait time you might just adjust within your one year OPT.

1. Soon after I am married I/my spouse can file for I-130 and wait for approval.

2. When the date for family based GCs becomes current, we are allowed to file I-485 if I-130 was approved.

3. From the time of I-130 filing to I-485 filing, I got to maintain my F1 OPT status. yes


4. The attorney said that I have to request for a consular processing as I am on F1 which means I need to go back to the consulate in my home country to get my green card. dont need to.

5. Will my OPT extension application under the STEM be affected if I apply for
I-130 before Mar 2011 ? it may be affected. Id file I-130 asap and, perhaps, itll be current in no time.

6. Will my H1-B application be affected if I file I-130 ? no, because H1b is a dual intent visa.

7. The best way is to file for Opt Extension in Mar 2011 and then apply for I-130 ? In this case, I may not be able to make use of the current faster current dates ... best not to wait that long. File right after marriage.

Thank You very much namecheckvictim and LucyMO. Your answers helped me make a decision peacefully. We didnt get these direct answers in our consultation with the attorney. Instead, the person was trying to sell herself for filing I-130 which would be sometime next month.