I am on F-1 status and I recently got married to my boyfriend who is a U.S citizen. We filled out the above forms. My dilemma is: Can I go ahead and apply for my OPT since I am due for OPT application?
Can I have two pending cases at the immigration without one application cancelling out the other?
Do I have to maintain my F-1 status until my application goes through?
How long will the whole process take?
Towards OPT you will pay the filing fee; whereas towards I-485/ I-765 the fee is a blanket fee. If you are filing an IR petition, I-765 towards I-485 filing may suffice. Best to discuss it with an experienced immigration attorney.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.
Around six months.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Adjustment of status (that's what I-485 is) for spouse of USC (US citizen) tends to get adjudicated very quickly. Therefore, you may not need to apply for OPT. When you file I-485 application, you don't have to pay separate filing fee for I-765. Talk to an experienced immigration attorney near you.