mak July 14, 2013 at 6:29 PM
Hi
i am on student visa opt and planning to get marry a girl in august 1 2013, who is 17 years old on Green Card.
Can i file for I-130 as i heard the priority date is going to be current in august 2013, if yes than in how many days i can recieve EAD/work authorization or GC.
Thanks in Advance
It all depends on your age and your ability to prove that it is a marriage of goodwill. How much is your age?
Verify with your circuit court if they allow
Also be aware that there may be RFEs and audits.
You may get EAD and AP within 2-3 months but GC will take time depending on the demand and availability
mak July 15, 2013 at 1:36 AM
I am 27 years old and she will be 18 in november 2013
Amazon July 15, 2013 at 8:12 PM
Hi
i am on student visa opt and planning to get marry a girl in august 1 2013, who is 17 years old on Green Card.
Can i file for I-130 as i heard the priority date is going to be current in august 2013, if yes than in how many days i can recieve EAD/work authorization or GC.
Thanks in Advance
Some state in US allows people below 18 years to marry with parental consent. You may need to check state laws.
After marriage she can file I-130 petition for you.
However she cannot submit affidavit of support unless she is 18 years of age.
In addition, once she turns 18, she needs to show enough finances to submit affidavit of support. She can also get co-sponsor to sign, and these co-sponsor would be legally liable to support you. You can find more links in this forum thread:
http://www.mygcvisa.com/forum/default.aspx?g=posts&t=1043 mak July 22, 2013 at 4:29 PM
Thanks for reply Amazon
So after marriage along with i 130 can i apply for I-765 and/or I-131 and i 485?
Amazon July 22, 2013 at 10:02 PM
She can file I-130 anytime (17 years age or 18 years age).
Since affidavit of support is required when filing I-485, she can only file I-485 when she is 18 years.
You can file I-765 and I-131 form with I-485 application (or even after filing I-485 application).
mak July 23, 2013 at 12:01 AM
Thanks for the answer Amazon
if i marry now and my pariority date will be current in August and
when she become 18 in november 24 2013 and at that
time the pariority date again went back to 2011 than can i able to file for I-485 and I-765,I-131?
[confused]
Amazon July 25, 2013 at 10:31 PM
USCIS requires PD to be current when filing I-485 application.
What you can do is submit I-130 and I-485 at same time in Aug (when PD is current). But do not send affidavit of support.
USCIS will either reject I-485 application (since it does not have that form) or it will accept it and later issue RFE to get that form from you. If they issue RFE, you have some time to respond. If she turns 18, she can send affidavit of support.
baig July 25, 2013 at 11:29 PM
Amazon July 26, 2013 at 2:48 AM
They have not explained why that is allowed. Maybe they are making an assumption that by the time USCIS is able to process the application, she would be 18 years of age.
The person who asked the question can try this and see what happens. USCIS may accept it too.
And i heard that after PD is current we will get one year of time to apply for i-485
If PD is current in Aug VB, then you can only apply in month of Aug. This means you can apply as long as PD is current. If it retrogress, and your PD is not current, then USCIS will not accept application.
baig July 28, 2013 at 7:44 AM
Thanks for reply amazon
one last questions
if i filled i 130 and i485 without affidavit of support and if they reject my application, can i
reapply for i 485?
?> If yes, and when i am reapplying i 485 and my PD is not current will they accept my application as i am reapplying for i 485?(means will they accept second time application if my PD is not current)
Amazon July 30, 2013 at 4:50 AM
If I-485 is denied and person becomes out of status, USCIS may start deporting the person. Hence anytime I-485 application is denied you should talk to a good and experienced lawyer who can review your case and file a MTR (motion to reconsider). Some may recommend simply applying again. Sometimes if some documents are missing, they might just issue a RFE.