Pending OPT, Wedding, & AOS

[Bluestone14 0]

Hi guys, here is some background on my situation and my concerns:

I am a F1 student who will graduate in May 2011. My US boyfriend and I have been planning on getting married before my legal status expires, which should be in Mid-July including the 60-day grace period. I guess I didn't do my homework on this very well and thought that a GC petitioner has to maintain a legal status not only at the time of the AOS filing but also during the entire waiting period until GC is in hands. Therefore, I thought there's no possible way that I could legally stay other than applying for OPT and getting an EAD card. They received my OPT application not too long ago on April 15 and I don't know how long would it take for them to make a decision. But basically I will get married on May 21 and I assume the OPT would still be pending by that time.

My questions are (1) will my upcoming wedding negatively affect my OPT application (will USCIS care about the fact that I get married after filing and subsequently change their decision)? and (2) could I apply for AOS in early June while the OPT is still pending and include EAD card application in it as well just for the safety issue?

Thanksss so much in advance!

[Little_My 464]

I am also an F1 student graduating this May, but we got married in February and submitted our AOS in March, so I never even bothered to apply for OPT.

Getting OPT approved usually takes between 4-8 weeks, on average. I would say that it would be better to wait until the OPT is approved to submit the AOS. You can go ahead and get married in the meantime, but I wouldn't send in the AOS package until the OPT has been approved. Once the OPT is approved and you have the EAD, you can start working while waiting for the AOS to be processed. I don't thik submitting the AOS has any effect on the validity of your OPT and on your EAD that comes through that, so I would think there is no need to apply for an EAD through the GC application. I don't think there is any chance of you getting the AOS EAD faster than the OPT EAD - so there's really no reason to apply for it again with the AOS. Remember to apply for the travel document though, in case you want to / need to travel abroad while AOS is pending.

Have you asked about this issue from the international advisers at your university? They should also be able to give you some insight.

[Bluestone14 0]

Thanks for your reply Little_My!

I think you mentioned the best solution to my case. Beside the legal stay issue, I also want to get an EAD card asap to be able to find/start a job. Applying an EAD card again through AOS would probably jeopardize the EAD I've already applied. I wish I could have known this before, so I wouldn't spend unnecessary time and money on OPT. However, would they deny my EAD through OPT if they find out I got married to a citizen when they conducting background checks? Should I be considered out of status right away when an EAD card is denied? At this moment, I can't really do anything else. My wedding is well settled with lots of family and friends attending. I just hope nothing goes wrong, although I just feel like no one can be overcautious when dealing with US immigration issues. I am in the middle of so many final exams/papers and my wedding planning, I wish that I will have some time to consult with international advisors soon.