Finance on OPT, marrying in January, will she be able ot stay in the country after submitting all the forms to USCIS?

[yaoyu 0]

my fiance is on F1 optional practical training status. We're getting married in January '08. Her OPT expires in May '08 and I'm planning to get all the forms submitted as soon as she can get the check up with the civil surgeon and we can complete the I-693. I'm wondering what if we don't get the PR approval by May '08 wen her OPT expires will she still be able to stay in the country while we wait for the approval? If we submitted all the forms in January is that plenty of time to get the green card? I'm thinking of what if situations say if we submitted the forms in February will we be cutting it too close? I don't think it's 100% clear to me what authorizes her to remain in the country - is it once the USCIS receives all the forms or only after we have our interview and if approved by the officer they stamp to give her conditional PR status.

Thanks in advance.

[msu17 0]

Once you file for the green card, she DOES NOT LEAVE unless she has Advanced Parole (and only for short visits, she should definitly return to the US/not abandon her home here). Otherwise she will be abandoning her petition and you will have to file a spousal visa and then reapply for AOS after that (1000's$ and around a year or so just to get back here). K1's for instance are in the same situation. Their visa is for 90 days in which to get married, with the I-94 expiring after the 90 days. Assuming the couple marries in the 90 days, the non-usc is legally allowed to stay to file and adjust to permanent resident status after the expiration of the I-94 (when most people are supposed to get out of the US). I don't really know what the legal term for that is, but your spouse is legally allowed and supposed to stay in the US once you file AOS.

[Caladan 19]

my fiance is on F1 optional practical training status. We're getting married in January '08. Her OPT expires in May '08 and I'm planning to get all the forms submitted as soon as she can get the check up with the civil surgeon and we can complete the I-693. I'm wondering what if we don't get the PR approval by May '08 wen her OPT expires will she still be able to stay in the country while we wait for the approval? If we submitted all the forms in January is that plenty of time to get the green card? I'm thinking of what if situations say if we submitted the forms in February will we be cutting it too close? I don't think it's 100% clear to me what authorizes her to remain in the country - is it once the USCIS receives all the forms or only after we have our interview and if approved by the officer they stamp to give her conditional PR status.

Thanks in advance.

Once you file, she's here legally as someone whose adjustment petition is pending. She won't need to have the green card by May in order to stay here legally until it's decided.