F1 Visa Holder, Married & Pending OPT Application

[chrissbe17 3]

Hello all, I am glad to have found this forum. I have been feeling so overwhelmed with all of the different hoops that USCIS makes you jump through. My situation is this. I have been in the U.S. for 21/2 years while I did my Masters. I met my then boyfriend(now husband- a US citizen) and we have been together for 2 years and recently got married march 28th, 2011. I have graduated and right at the start of my last semester I applied for OPT. This was before my husband proposed, etc. We had talked about marriage before but my OPT was filed prior to our engagement and marriage. I am still awaiting a decision on my OPT but I was wondering what is the best course of action for me now? I have noticed that on these boards many of you on F1 visas get married and immediately file for AOS. Is my pending OPT going to interfere if I should file for AOS. Should I wait until my OPT expires(if it is approved) and then file for AOS? Also do I have to report to USCIS/SEVIS that I am married now, is this going to affect my OPT?

Any help is appreciated.

[Little_My 464]

I believe that if you submit an AOS application while your OPT is pending, it will invalidate the OPT application. However, if you get the OPT approved, and THEN file for AOS, you can continue working on your EAD from OPT througout the waiting period for the AOS to be processed - this would mean that you would not have to go through any periods when you are not allowed to work.

If you are confident that you can find an employer within the timeframe that OPT allows for you (60 days? or 90? I'm not sure), then you are in no rush to file for AOS until you get closer to your OPT expiring. However, if you are unable to find someone to hire you within the time frame allowed by OPT, you would have to leave the US - I'm not sure how it would be interpreted if you waited close to the OPT time frame to expire and then immediately filed for AOS just before you would have been required to leave, it might be seen as a red flag, or not. Someone else might have more opinions on that particular issue.

You've spent time and money on your OPT application, so I would suggest to wait for it to be approved, start working, and file for AOS later on, as there really is no rush for you to do so.

I don't think USCIS/SEVIS needs to be informed about the marriage - but I would double check with the international student advisors at your school, they should know the answer to that.

Edited May 9, 2011 by Little_My

[chrissbe17 3]

I believe that if you submit an AOS application while your OPT is pending, it will invalidate the OPT application. However, if you get the OPT approved, and THEN file for AOS, you can continue working on your EAD from OPT througout the waiting period for the AOS to be processed - this would mean that you would not have to go through any periods when you are not allowed to work.

If you are confident that you can find an employer within the timeframe that OPT allows for you (60 days? or 90? I'm not sure), then you are in no rush to file for AOS until you get closer to your OPT expiring. However, if you are unable to find someone to hire you within the time frame allowed by OPT, you would have to leave the US - I'm not sure how it would be interpreted if you waited close to the OPT time frame to expire and then immediately filed for AOS just before you would have been required to leave, it might be seen as a red flag, or not. Someone else might have more opinions on that particular issue.

You've spent time and money on your OPT application, so I would suggest to wait for it to be approved, start working, and file for AOS later on, as there really is no rush for you to do so.

I don't think USCIS/SEVIS needs to be informed about the marriage - but I would double check with the international student advisors at your school, they should know the answer to that.

Thanks L_M for your response! I believe OPT allows 60 days to find a job and I already have some propspective employers for my OPT. I am just awaiting my EAD. When filing your documents did you do them yourself or did you get a lawyer? I have asked several friends in similar positions and they recommended getting a lawyer. That would be great if we had the $ to do so. Filing fees are already quite expensive!

[Little_My 464]

We did it ourselves. So far no RFEs or other issues, so it looks like everything was filed correctly. I don't think you need a lawyer to do it, unless your situation is somehow specifically challenging, your relationship has red flags (like very short courtship, filing AOS very close to visa expiring, etc.) or there is something else in your past that makes it more challenging than normal to get a green card. If everything is in order, you have proof of your relationship and marriage, you haven't violated your F-1 visa or overstayed previous visas, there is in my opinion no need for a lawyer. It is a lot of bureaucracy and paperwork, but as long as you read everything carefully and pay attention to filling out the forms correctly and submitting all required supporting evidence and documentation, doing it on your own without a lawyer is not hard at all, in my opinion.

(Of course I do not have my GC yet - so, who knows. Maybe after my interview I will wish we had a lawyer.. but I doubt it.)

[chrissbe17 3]

Thanks, I think I feel more confident now doing it without a lawyer after reading about others' experiences on this forum. I definitely did not want to have to put out the $ for a lawyer!