Mohan! need advice

I came to US as a student; right now i am out of status and married to US citizen. I called INS how to file for green card;they said i have to apply for I 130; so i mailed the application and got NOA dated Feb.1. They said it will take about 150 days to approve the petition. Can i also apply for work permit and apply for I-485 now or i should wait till the I-130 is approved.

I came to US as a student; right now i am out of status and married to US citizen. I called INS how to file for green card;they said i have to apply for I 130; so i mailed the application and got NOA dated Feb.1. They said it will take about 150 days to approve the petition. Can i also apply for work permit and apply for I-485 now or i should wait till the I-130 is approved.

It would have been much faster, if you had applied for AOS I-485 and EAD I-765. You should send I-485 and I-765 alongwith a copy of NOA received from INS. It will be very fast.
Good luck.

thanks for your reply. I live in newjersey so i should go to local office here or mail the applications to Vermont.

If you have not received approval notice yet then send these to Vermont alongwith copy of Notice of Receipt.
Good luck

Hi Umesh!

is it ok to go to newark office in person and file.

i think you should check with the customer service and proceed. also call few lawyers

You Should have applied for I-485 and I-130 cuncurrently alongwith I-765(EAD).
Not that its necessary, but I-485 will only be processed after the I-130 appoval. it only shows that you are intention.
anyway, you should apply for I-765 for Work Authorization.
I don't know enough background of your case. if you was ever OOS in the past and you were married before expiration of your Student status, (I don't know if any deportation proceeding triggered against you or not, I hope not). You better send your application by mail( to be safe side)

Hi umesh
I just wanted to clarify this.
If this student is out of status can he still file I485. because its the form for adjustment of status.
just wanted to clarify
thx

thanks amita and mohan for your advice