Married, then what? Can she stay if already here?

[visanator 0]

Thanks, I guess time is sure ticking.

She'd also considered doing OPT (F-1 Optional Practical Training), even though that is earn minimum wage hell, and not a green card track thing. But it might buy some time, since you can leave the country under that?

Getting married and filing for her adjustment of status ASAP is really your best bet (and you're quite lucky to find yourself in this situation). If you don't then you'll be facing a long time apart while she waits in Canada for her visa interview in Montreal

Not going home for Christmas, although difficult, may be worth it. However, some making infopass apointments have had some luck getting AP documents quicker

Good luck.

Edited October 22, 2009 by visanator

[canadian_wife 1,823]

Yes you can leave the country with OPT. Where did you get that she has to make minimum wage on OPT? I taught high school, certainly not making minimum wage, on my OPT. She needs to figure that out soon since that can take 90 days to process.

[trailmix 77]

Thanks, I guess time is sure ticking.

She'd also considered doing OPT (F-1 Optional Practical Training), even though that is earn minimum wage hell, and not a green card track thing. But it might buy some time, since you can leave the country under that?

Ok, this is where it gets more complicated.

Let's say that you two decide to get married this month and she does OPT. Absolutely she can leave the country, however she may not be allowed back in, that will be up to the border guard at her port of entry.

Since she is married to a U.S. citizen (well will be at that point) and has no strong ties to say she will return to her home country and not just take up residence in the U.S. - well you get my drift. I don't think this is a good option.

You need to either decide to file for her adjustment of status and sit tight until she has the documents to travel - or file for say a CR1 - but don't expect her to get back in to the country once she leaves to go visit her home country.

Edited October 22, 2009 by trailmix

[visanator 0]

She's working an internship, ~20hrs/w. That could possibly continue after graduation, but you can't live off of it.

Hard to get sponsors these days.

Yes you can leave the country with OPT. Where did you get that she has to make minimum wage on OPT? I taught high school, certainly not making minimum wage, on my OPT. She needs to figure that out soon since that can take 90 days to process.

Edited October 22, 2009 by visanator

[Boiler 45,670]

Home residency requirement relates to J not F

F is a non immigrant visa, if she uses it to enter the US with the intent to marry and adjust, not a good idea. Or as married to adjust even worse.

[Chica Yeyé 41]

Home residency requirement relates to J not F

F is a non immigrant visa, if she uses it to enter the US with the intent to marry and adjust, not a good idea. Or as married to adjust even worse.

She is already here, studying. So the intent was clearly NOT to marry.

[visanator 0]

Again, she is 1 semester away (in progress) from her bachelor's.

Home residency requirement relates to J not F

F is a non immigrant visa, if she uses it to enter the US with the intent to marry and adjust, not a good idea. Or as married to adjust even worse.

She is already here, studying. So the intent was clearly NOT to marry.

[sachinky 465]

I was in the same situation. I was on a F-1 and it was in college that I met my husband. I even applied for OPT and received my EAD card (came in 5 weeks). I got a few job interviews, none really worked out and it was getting expensive paying rent/groceries. So we decided to go for CR-1 route since I wanted him to come to India anyway and meet my parents, family and friends BEFORE we actually tied the knot. That is how I got stuck here. Now I am wishing that we'd stayed together and applied for AOS. It would have been a pain but at least we would have been together.

Edited October 22, 2009 by sachinky

[visanator 0]

By "stuck here" you mean in India? This is from where you write?

Wow, I'm sorry. Was that a surprise? How long have you been waiting there?

I was in the same situation. I was on a F-1 and it was in college that I met my husband. I even applied for OPT and received my EAD card (came in 5 weeks). I got a few job interviews, none really worked out and it was getting expensive paying rent/groceries. So we decided to go for CR-1 route since I wanted him to come to India anyway and meet my parents BEFORE we got married. And so I got stuck here. Now I am wishing that we'd stayed together and applied for AOS. It would have been a pain but at least we would have been together.

[sachinky 465]

Yes, I'm from Calcutta, India. My parents and family live here and I was born and brought up here. I was in NY studying for four years. I came back to India in this June (after I graduated in May) -- had to wait one month at my permanent residence BEFORE I could file the intending notice of marriage which is another 30 goddamned waiting days for a marriage under the Special Marriage Act. So they basically made me sit around for 60 days before I could get married. My husband came in August and we got married on the 17th. He left two days after. Since then I've filed, had my petition wrongly cancelled, then restarted and now, we're waiting for our NOA2.

I'm getting increasingly frustrated daily. But whattodo.

[Mintchip 0]

I know it's difficult, but why don't you just wait and get married when she returns from her Christmas visit?

[rika60607 215]

May be because she's in her last semester? If she does not register for Spring semester and does not have a fresh I-20, she will not be able to come back from Canada.

OP - Be careful with OPT, she has to HAVE A JOB with OPT before she goes back to Canada.

Otherwise she will be refused F1 visa by US embassy. Just having work authorization is not grounds for being let back into US, there has to be an actual job waiting for her.

I know it's difficult, but why don't you just wait and get married when she returns from her Christmas visit?

Edit: and if she is married to you, then no F1 for her either. She would be considered a potential immigrant and hence not eligible for F-1.

Edited October 22, 2009 by rika60607

[canadian_wife 1,823]

I know it's difficult, but why don't you just wait and get married when she returns from her Christmas visit?

Becuase if she returns with the intention of immigrating and adjusting status from a tourist visa then they are committing visa fraud. We all know what happens when that gets found out

[marie09 5]

Hey Visanator...

Good luck with everything and if you decide to go for the aos route...

Come join all of us on the adjustment of status board

http://www.visajourney.com/forums/index.php?showforum=130

[visanator 0]

Yeah, you said it. Can't wait to marry her unless she has a valid return visa.

She is currently in OPT during school that can likely continue through her current employer for 6 months after graduation (since she's already done 6 months while in school). She's working on that.

Didn't know about the no F1 for married immigrants thing, thanks. I'm sure the lawyer would have told us that, but it helps with planning potential courses of action.

May be because she's in her last semester? If she does not register for Spring semester and does not have a fresh I-20, she will not be able to come back from Canada.

OP - Be careful with OPT, she has to HAVE A JOB with OPT before she goes back to Canada.

Otherwise she will be refused F1 visa by US embassy. Just having work authorization is not grounds for being let back into US, there has to be an actual job waiting for her.

I know it's difficult, but why don't you just wait and get married when she returns from her Christmas visit?

Edit: and if she is married to you, then no F1 for her either. She would be considered a potential immigrant and hence not eligible for F-1.