F1 student graduating soon

[hostkiller 0]

Hey guys,

A little bit about myself. I am a F1 student and is graduating in December (which is next week). I have applied for OPT and the EAD has been ordered couple days ago. Me and my girlfriend have been together for more than 4 years and want to get marry some time during next year or some time before I have to leave the states. My questions are:

1. What are my options?
2. When is a good time to get marry?
3. When should I file for AOS?
4. Any other heads up?

I have been reading VJ and I know I can file for i130 & 485 at the same time. I just don't want to give a wrong impression to the officer who will interview us in the future. Any constructive comment is appreciated!

[mofope 0]

Hey guys,

A little bit about myself. I am a F1 student and is graduating in December (which is next week). I have applied for OPT and the EAD has been ordered couple days ago. Me and my girlfriend have been together for more than 4 years and want to get marry some time during next year or some time before I have to leave the states. My questions are:

1. What are my options?
2. When is a good time to get marry?
3. When should I file for AOS?
4. Any other heads up?

I have been reading VJ and I know I can file for i130 & 485 at the same time. I just don't want to give a wrong impression to the officer who will interview us in the future. Any constructive comment is appreciated!

Hey guys,

A little bit about myself. I am a F1 student and is graduating in December (which is next week). I have applied for OPT and the EAD has been ordered couple days ago. Me and my girlfriend have been together for more than 4 years and want to get marry some time during next year or some time before I have to leave the states. My questions are:

1. What are my options?
2. When is a good time to get marry?
3. When should I file for AOS?
4. Any other heads up?

I have been reading VJ and I know I can file for i130 & 485 at the same time. I just don't want to give a wrong impression to the officer who will interview us in the future. Any constructive comment is appreciated!

well, you can get married anytime you want and also file AOS after you get married... and yes you would have to file I-130, I-485, I-693 (medical), I-131, I-864 concurrently.

i don't think the officer will have a bad impression on your marriage just cos you married as soon as you filed. in fact most people file their paperwork with 3weeks to 1 month of getting married..

Also since you have been together for 4 years, your body language will be in sync, you would know each other so well and the officer won't think you just met each other and married for convenience.

i'm also an F-1 student but in my case i didn't file for opt so i included I-765 when i filed...

good luck and don't worry everyone on VJ is here to help....

[hostkiller 0]

Hey guys,

A little bit about myself. I am a F1 student and is graduating in December (which is next week). I have applied for OPT and the EAD has been ordered couple days ago. Me and my girlfriend have been together for more than 4 years and want to get marry some time during next year or some time before I have to leave the states. My questions are:

1. What are my options?
2. When is a good time to get marry?
3. When should I file for AOS?
4. Any other heads up?

I have been reading VJ and I know I can file for i130 & 485 at the same time. I just don't want to give a wrong impression to the officer who will interview us in the future. Any constructive comment is appreciated!

Hey guys,

A little bit about myself. I am a F1 student and is graduating in December (which is next week). I have applied for OPT and the EAD has been ordered couple days ago. Me and my girlfriend have been together for more than 4 years and want to get marry some time during next year or some time before I have to leave the states. My questions are:

1. What are my options?
2. When is a good time to get marry?
3. When should I file for AOS?
4. Any other heads up?

I have been reading VJ and I know I can file for i130 & 485 at the same time. I just don't want to give a wrong impression to the officer who will interview us in the future. Any constructive comment is appreciated!

well, you can get married anytime you want and also file AOS after you get married... and yes you would have to file I-130, I-485, I-693 (medical), I-131, I-864 concurrently.

i don't think the officer will have a bad impression on your marriage just cos you married as soon as you filed. in fact most people file their paperwork with 3weeks to 1 month of getting married..

Also since you have been together for 4 years, your body language will be in sync, you would know each other so well and the officer won't think you just met each other and married for convenience.

i'm also an F-1 student but in my case i didn't file for opt so i included I-765 when i filed...

good luck and don't worry everyone on VJ is here to help....

Thanks for your reply! So I can legally stay in the states until a decision has been made for my case after I get married and filed for AOS? Even though it may take more than one year?

[FortLaudy 10]

You say you're graduating this December, but when does your visa expire?? Sounds like you'll be doing OPT next year then?

Generally an overstay is forgiven if you marry a USC, BUT you're only planning on getting married late next year? Being merely married to a USC does not keep you in status/legally here after your visa expires, only filing the AOS after marriage will, as you'll be in immigration "limbo" while the process is undergoing and the decision is being made.

Keep in mind as soon as you send in the AOS application you're losing your F1 visa status and you're immigration status become "foreign spouse of USC adjusting status". As I don't know when your visa is expiring the following might not apply to you, but I would refrain from going "out of status" or close to it in any way shape or form, I think it can look a little suspect and your marriage might look like a sham if you get married just as soon as your visa expires or is about to expire... since you've been together for four years what are you waiting for mate? If you like it put a ring on it already and avoid the suspicion next year!

[marie09 5]

If you like it put a ring on it already and avoid the suspicion next year!

Lol! I totally agree Shani!

Hostkiller, I think you should get going - AOS is not fun and trust me even less fun when you can't work study because you have a pending status. I would definitely do it while you have your OPT so you can stay busy and financially amkes more sense too. You do not want to be a house husband while waiting the 2 months or so for your AOS EAD because your OPT expired. My hubby and I got married a month before my visa expired - but our circumstances were different to yours. My job was in a different state to my hubbys (we didn't want to get married live in different states!) and if i'd left my employment contract early to get married my visa could have potentially been cancelled - which would have been a nightmare.

I think it's great if you're in a situation where you can keep working/studying during the AOS. You should maybe look at a small wedding first - maybe court house / wedding chapel - you'll have lots of time to plan a bigger wedding if that's what you want later.

Good Luck

[hostkiller 0]

Thank you for all of your replies! My visa won't expire until 2012 so am I safe on that? Is it true that I can work with my OPT EAD while I file for AOS? Sorry for all the questions but I really have no clue and don't want to step on a landmine!

[hostkiller 0]

I think it's great if you're in a situation where you can keep working/studying during the AOS. You should maybe look at a small wedding first - maybe court house / wedding chapel - you'll have lots of time to plan a bigger wedding if that's what you want later.

Good Luck

Sounds like a good plan to me & my girlfriend!

[marie09 5]

Thank you for all of your replies! My visa won't expire until 2012 so am I safe on that? Is it true that I can work with my OPT EAD while I file for AOS? Sorry for all the questions but I really have no clue and don't want to step on a landmine!

2012 - that's awesome - you have lots of time

I believe you can still work on your OPT EAD while your AOS is pending. As I know of J1s on here that stay working and F1s that stay studying. You might want to hear it from an F1 though before you take my word for it. Hopefully someone will reply on this thread. But if not you might want to post another thread asking if you can work on OPT while your AOS is pending.

Good Luck to you guys

[mofope 0]

Thanks for your reply! So I can legally stay in the states until a decision has been made for my case after I get married and filed for AOS? Even though it may take more than one year?

I believe you can... If your visa expires on an F-1 you can legally stay until you graduate or finish your OPT... however having more visa years left and graduating does not mean you can stay.... (speaking from experience, i was on f-1)

If you do want to file your AOS, you can do it while on your OPT cos like everyone says, it will save you the heartache of staying home during the 6month process of AOS...

i only had a 2yr visa and i had to go to school for 5years in order to complete my degree.. i wasn't deported or anything because my visa expired, i just simply stayed in school and in status ( your I-94 should say valid for D/S (duration of status))

But u can definitely stay until a decision is made....

Plus go ahead and have a small wedding and do a big one later.. you don't want to leave that lady of yours hanging.. put a ring on it already

good luck...

[SweetApple08 2]

Thank you for all of your replies! My visa won't expire until 2012 so am I safe on that? Is it true that I can work with my OPT EAD while I file for AOS? Sorry for all the questions but I really have no clue and don't want to step on a landmine!

Ok just so everyone knows the difference. Visa is only to enter the US. Non-immigrant status is given to you when you go through immigration - the document you get in the border is I-94 which should say D/S (duration of status) meaning that as long as you keep going to school you are here legally (even if your visa has expired). So if you have a visa that expires in 2012 does you NO GOOD if you don't go to school or work on OPT.

Next issue, OPT given for a year (usually). The catch is that you have to find a job within 90 days that the OPT starts if you don't you have to leave the country or transfer to another school. I would suggest you save yourself and your love the headache and get married ASAP and file for adjustment of status.

[hostkiller 0]

Thank you for all of your replies! My visa won't expire until 2012 so am I safe on that? Is it true that I can work with my OPT EAD while I file for AOS? Sorry for all the questions but I really have no clue and don't want to step on a landmine!

Ok just so everyone knows the difference. Visa is only to enter the US. Non-immigrant status is given to you when you go through immigration - the document you get in the border is I-94 which should say D/S (duration of status) meaning that as long as you keep going to school you are here legally (even if your visa has expired). So if you have a visa that expires in 2012 does you NO GOOD if you don't go to school or work on OPT.

Next issue, OPT given for a year (usually). The catch is that you have to find a job within 90 days that the OPT starts if you don't you have to leave the country or transfer to another school. I would suggest you save yourself and your love the headache and get married ASAP and file for adjustment of status.

Thanks for clearing it up for me! So if I get a job within 90 days that the OPT starts then I can stay until my OPT expire, right? In that period of time can I work, get married and file for AOS without violating any immigration law?

[mofope 0]

Thank you for all of your replies! My visa won't expire until 2012 so am I safe on that? Is it true that I can work with my OPT EAD while I file for AOS? Sorry for all the questions but I really have no clue and don't want to step on a landmine!

Ok just so everyone knows the difference. Visa is only to enter the US. Non-immigrant status is given to you when you go through immigration - the document you get in the border is I-94 which should say D/S (duration of status) meaning that as long as you keep going to school you are here legally (even if your visa has expired). So if you have a visa that expires in 2012 does you NO GOOD if you don't go to school or work on OPT.

Next issue, OPT given for a year (usually). The catch is that you have to find a job within 90 days that the OPT starts if you don't you have to leave the country or transfer to another school. I would suggest you save yourself and your love the headache and get married ASAP and file for adjustment of status.

Thanks for clearing it up for me! So if I get a job within 90 days that the OPT starts then I can stay until my OPT expire, right? In that period of time can I work, get married and file for AOS without violating any immigration law?

yes, you can!

[radacos 0]

One thing that I would check to make sure is whether you can, in fact, retain your F-1 status (and thus your EAD) once you apply for AOS. I *think* you should be able to, but I'm not positive -- the international student office at your school should be able to help clear that up.

Since you've been a student here for a good long while, you've been dating your GF for years and you are in status, you should have no problem receiving your GC. As others have said, you can get married and apply for AOS at any time. Even if your OPT expires before the GC is granted, you'll be here legally as long as you'll have applied for AOS by then.

Good luck to you guys!

[Texas14 0]

<!--quoteo(post=3570723:date=Dec 16 2009, 11:55 PM:name=SweetApple08)--><div class='quotetop'>QUOTE (SweetApple08 @ Dec 16 2009, 11:55 PM) <a href="index.php?act=findpost&pid=3570723"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec--><!--quoteo(post=3567432:date=Dec 15 2009, 04:32 PM:name=hostkiller)--><div class='quotetop'>QUOTE (hostkiller @ Dec 15 2009, 04:32 PM) <a href="index.php?act=findpost&pid=3567432"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->Thank you for all of your replies! My visa won't expire until 2012 so am I safe on that? Is it true that I can work with my OPT EAD while I file for AOS? Sorry for all the questions but I really have no clue and don't want to step on a landmine!<!--QuoteEnd--></div><!--QuoteEEnd-->

Ok just so everyone knows the difference. <u>Visa is only to enter the US</u>. Non-immigrant status is given to you when you go through immigration - the document you get in the border is<b> I-94 which should say D/S (duration of status) meaning that as long as you keep going to school you are here legally (even if your visa has expired). </b>So if you have a visa that expires in 2012 does you NO GOOD if you don't go to school or work on OPT.

Next issue, OPT given for a year (usually). The catch is that <b>you have to find a job within 90 days that the OPT starts</b> if you don't you have to leave the country or transfer to another school. I would suggest you save yourself and your love the headache and get married ASAP and file for adjustment of status.

<!--QuoteEnd--></div><!--QuoteEEnd-->

Thanks for clearing it up for me! So if I get a job within 90 days that the OPT starts then I can stay until my OPT expire, right? In that period of time can I work, get married and file for AOS without violating any immigration law?

I am in the same situation.

My boyfriend and I were together for 5 years. Hes an f-1 on his opt. His opt ends June 1, 10 and he has a great job, but the job cant sponsor him. We knew the i-765 process to get a new EAD will take at least 90 days so we decided to have a small chapel wedding and get all of the paperwork sent in. We just received the info saying his card has been ordered yesterday May 24, 10 and applied March 18. So hopefully it gets here before June 1 since his card expires then.

My advice, get married asap and get all your info sent it and have a big wedding later when you can afford it and celebrate how you want. You don't even have to tell anyone you are married, it will just make it more special between you two, especially since you have been together so long

Good luck!