OPT Deadlines

[Manfrotto 0]

My fiance is currently on an OPT visa which allows her to

Stay in the US for 90 days.

I am wondering, if I file for I-130....Does her status of Being

Legal Resident, have to be approved before her OPT expires,

Or Does she have to Leave the US Even if We are married?

[Darnell 8,478]

Are you hoping, instead, to 'adjust status' from OPT ?

You'd have to get married before it expires, and FILE before the expiration date - please review http://www.visajourney.com/content/i130guide2

and pay particular attention to any current visa limitations, if she must return to her home country for 2 years, or not.

*** not a K-3 visa question , moving to AOS forum ***

[Manfrotto 0]

Thanks for the Reply.

So I guess the final questions is, Does she have to leave the country

Even if we are married and have all the files applied before

the deadline of her OPT ?

[Darnell 8,478]

In general, no.

However

review the current 'stuff' on her visa stamp in her passport. See if any annotations. If annotations, post them here, we'll try to figure them out for you.

Basically, if the OPT 'thing' has a 2 year 'home residency requirement' then she is required to stay in her home country for 2 years after the current visa expires, before coming back to the USA.

You'll need to check this, asap, before filing any paperwork.

Good Luck !

Edited August 31, 2010 by Darnell

[Robert B 1]

Also when does the OPT expire, you said it would allow her to stay in the US for 90 days. Does that mean it expires in 3 months? or are you referring to the period after the OPT expires in which she has to leave the country (60 days)? You will have to be married to go through this process, and it takes about 90 days from start to finish.

[Manfrotto 0]

Also when does the OPT expire, you said it would allow her to stay in the US for 90 days. Does that mean it expires in 3 months? or are you referring to the period after the OPT expires in which she has to leave the country (60 days)? You will have to be married to go through this process, and it takes about 90 days from start to finish.

Thanks for the Helpful words,

Her OPT -Working Permit expires in Mid October, But we are Getting married in the Beginning of October.

So,( I just want to make sure) If we are married, and have all the paperwork sent in, she does not have to leave the States.

[Darnell 8,478]

She SHOULD NOT leave the states until green card in hand.

re: mid october expiration date -

this is gonna be tough, but I think you can swing all -

so

the 'point' here is to have the receipt notice, NOA-1, in hand before her OPT expires, (particulalry a receipt date prior to the visa expiration) but in essence -

IF any AOS is granted, ANY 'out of status' time is forgiven, once she has green card in hand.

whilst waiting for green card to arrive, stay out of any ICE enforcement areas. Stay IN THE USA.

Good Luck !

[Robert B 1]

Technically she has 60 days past her expiration date to leave before she would accumulate any overstay. And also, usually any overstay is forgiven for AOS. Know however that she can't keep on working after the expiration of her OPT.

[Darnell 8,478]

I guess any other advice I would give you, is this -

get married at the courthouse early on in September, then file as soon as you have the marriage certificate in hand. Order 3 'certified copies' of the marriage certificate when you go in, pay any extra for 'personal pickup in lieu of mailing', as that will save some time.

[Manfrotto 0]

YOu Guys are Awsome, Thanks.