Expired OPT- will I be denied entry into US? Help please!

[ny152 0]

Hi,

My fiancee and I have decided to wait until August to get married because we would both like to travel to South America in the summer. He is a US citizen and I am a German citizen. If we get married now and file the papers then I cannot travel to South America for at least 3 months right? My F-1 Student Visa allowed me to work for one year under the OPT, Optional Practical Training which is a year long working permit. It expires July 13th and then I have thirty days to leave the country. If I go to Ecuador now, and then come back after my OPT expires, I will come into the US under the tourist waiver which Germany qualifies for, and then I'm a tourist for 3 months. During this time we would like to get married, but what I'm worried about is if they will reject me going into the US. I wouldn't mention my fiancee of course, but what I think might look suspicious is that I have lived in the US for over 10 years. I have a letter of employment from Germany that I can show immigration and tell them I am visiting my sister who is a US citizen.

A lawyer I consulted with said there is a 50/50 chance that they will let me in, so I was wondering if anyone else has done something similar to this? Or is it wiser to just stay in the US and file papers now?

Thank you so so much I really need help with this!!! :-)

[juliava 80]

I have the same answer for you: your chances for re-admission in US are 50%. Also, hiding your real intentions could cause you a lot of problems. It's safer to get married, file for AOS and obtain your Green card. Then you can travel anywhere you want!

[ny152 0]

Thanks so much. Also, how long did it take you for you to get your traveling permit?

Your timeline was really helpful!

[juliava 80]

Thanks so much. Also, how long did it take you for you to get your traveling permit?

Your timeline was really helpful!

I didn't apply for Advance Parole (aka travel permit) because I was out of status when I applied for AOS, so it would've been useless for me.

[w8inglongtime 29]

Hi,

My fiancee and I have decided to wait until August to get married because we would both like to travel to South America in the summer. He is a US citizen and I am a German citizen. If we get married now and file the papers then I cannot travel to South America for at least 3 months right? My F-1 Student Visa allowed me to work for one year under the OPT, Optional Practical Training which is a year long working permit. It expires July 13th and then I have thirty days to leave the country. If I go to Ecuador now, and then come back after my OPT expires, I will come into the US under the tourist waiver which Germany qualifies for, and then I'm a tourist for 3 months. During this time we would like to get married, but what I'm worried about is if they will reject me going into the US. I wouldn't mention my fiancee of course, but what I think might look suspicious is that I have lived in the US for over 10 years. I have a letter of employment from Germany that I can show immigration and tell them I am visiting my sister who is a US citizen.

A lawyer I consulted with said there is a 50/50 chance that they will let me in, so I was wondering if anyone else has done something similar to this? Or is it wiser to just stay in the US and file papers now?

Thank you so so much I really need help with this!!! :-)

I don't think what you're planning on doing is a good idea. Your lawyer is right about your chances of denial. Why not stay put in the States, get married, get your green card in hand and then go on vacation? South America will always be there for you to visit. Do what will not split you guys up. USCIS will be more than willing to do that so don't give them any reason and the pleasure of denying you entry into the states.