Got married while in F-1 status, I need some help with details.

Business 8 views 3 answers
Currently I am waiting for my OPT work permit and just got married after I graduated with a US citizen. I have already gone through bio metrics for the work permit do I have to have to do those again for the green card? I included the biometrics confirmation from the i 765 into my i 130 and i 465 file. Do you think that was a bad move? Can I work while I am in the process for the Green Card? Will I receive both work permit and Green Card? Thank you!

Attorney Answers

3
Matthew Anthony StreffImmigration AttorneyMinneapolis, MN ·
You will have to do biometrics again for your I-485. It's not a problem that you included your previous biometrics, though. If you have a valid Employment Authorization Card (EAD) via your OPT, your One-Step (I-130/I-485) will not invalidate that. You could have also filed an I-765 with your One-Step (depending on when your current card expires). It's okay if you didn't, but just make sure that you file for an extension of your EAD between 90 to 120 days before expiration if your Green Card hasn't been approved. (USCIS is required to adjudicate an EAD application within 90 days, but you must have a valid card "in-hand" to work.)
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Adan Vega ·
Congratulations on your recent marriage. It seems that you have already filed for adjustment of status. Hopefully, you have submitted the FORMs I – 130/I – 485/I – 131/I – 765/I – 864. That process will require that you undergo another biometrics appointment. If you have provided confirmation that you have attended a prior biometrics appointment, USCIS will require that you attend another biometrics appointment for the adjustment of status. As to employment, you will not be able to lawfully be employed until you receive the employment authorization document (EAD). Good luck to you.
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Gunda Brost ·
You really should work directly with an immigration attorney to avoid questioning in a panic whether everything was done correctly.
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