Milpitas, CA asked in Immigration Law for Illinois

Q: Can I apply for I-131 and I-765 when applying for Form I-130 if I marry to a green card holder not US citizen?

I have a F1 visa and currently still remain my status in the US. I am marrying to a green card holder and we are planning to apply for Form I-130. Is it eligible for me to apply for Form I-131 and I-765 as well when I apply I-130?

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2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: I-131 and I-765 can be applied for if you are eligible for adjustment of status. Work with an attorney

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: When you marry a green card holder and file Form I-130, Petition for Alien Relative, to establish the marital relationship, your ability to apply for Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) concurrently depends on your current status and the availability of a visa number. Since you are on an F1 visa and maintaining your status in the U.S., the next steps after filing Form I-130 are subject to visa availability.

As the spouse of a green card holder (permanent resident), you fall into the family preference category, which means you may face a wait time before a visa becomes available to you. You cannot apply for adjustment of status (Form I-485) and, by extension, cannot concurrently file for I-765 and I-131 until a visa number becomes available for your category. The availability is determined by the U.S. Department of State’s Visa Bulletin.

It's essential to monitor the Visa Bulletin and consult with an immigration attorney. They can provide personalized guidance and help you understand the best timing and strategy for filing these forms based on your unique situation and any changes in immigration policies or visa availability. This proactive approach will help you navigate the complex immigration process more effectively.

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