marry US citizen while on F1(OPT) or after

[Frenchican 13]

hello

I am on F1, i my OPT year that ends in sept12

If I get married to my boyfriend, what would be the wiser/easier?

Finish my OPT, go back to Mexico, and plan it after? or do it before I leave?

would it be better to get married here or in mexico?

* I have 2 citizenships: Mexico (requires visa to enter US) and France (doesn´t require)

So if I go back to Mexico after 3 years here, getting a TOURIST VISA (as Mexican)to get back could be hard (they ask you a stable job with high income, witch I won't have). I could get back as French.

thanks for your answers!

F.

Edited January 10, 2012 by florence_g

[Harpa Timsah 13,258]

When and where do you want to get married?

[Antje/Terry 1]

In my opinion it is best to get married before you leave. Do you have to go back?

If not, I would get married and apply for Adjustment of Status. Just dont leave before that is through and you have your travel documents.

[Inky 1,110]

- Not a K-1 topic or question, moved from K-1 section to general-immigration discussion -

[bigdog 376]

I think marriage and adjustment might be simpler? If that apply to your case.

[Frenchican 13]

I guess we could get married here or i mexico. what would it be better?

I don´t need to go back, but I would like to go home for a little while, maybe for 3 months.

Also,

I could get back as French TOURIST easily. I don't know if it is ILLEGAL to get married on F1 or TOURIST. Would I have to Re-enter country on K1.

- If I do the marriage and adjustment, could I go home for a few months?

F.

Edited January 10, 2012 by florence_g

[jojolicious 38]

You can go home for a few months after you get your AP which would take a couple months after filing AOS.

If you leave the US first and then come back as a tourist (French or otherwise) with the intent to get married and adjust then that would be a problem.

Since you're already here and I'm assuming you came on an F-1 without that intention you can get married and adjust status now.

Edited January 10, 2012 by jojolicious

[GnBnL 50]

if I could turn back time, that's what I would have done. Woulda saved a world of hurt! you should marry and adjust, wait for AP then you can travel.

[Frenchican 13]

thank you guys,

so, it is best to get married while I got in the country without intention to get married.

still a couple questions.

1)

You can go home for a few months after you get your AP which would take a couple months after filing AOS.

--> what does AP means?

2)now, what´s up with timing?

you say it is a couple months before getting my papers to travel.

so I would like to know if the 2 month wait should be WITHIN my F1 time?

or if I get married in let´s say august, and my visa expires in september and I don´t have papers yet.

do I go back home till I have them,

or

can I wait here? would I be in an illegal status or is it allowed?

3)

do we have to ask permission or file petitions months in advance of getting married?

--

PS. I ask because we have been dating for a little more than a year, and we are thinking about marriage, but I am not in a hurry to get married right now just for paperwork.

thanks!

F.

Edited January 10, 2012 by florence_g

[Dan C. 18]

--> what does AP means?

AP means "Advance Parole". If you apply for AOS, you can't leave and re-enter the country without permission (AP) until your AOS has finished processing.

2)now, what´s up with timing?

you say it is a couple months before getting my papers to travel.

so I would like to know if the 2 month wait should be WITHIN my F1 time?

or if I get married in let´s say august, and my visa expires in september and I don´t have papers yet.

do I go back home till I have them,

or

can I wait here? would I be in an illegal status or is it allowed?

I'm pretty sure that as long as you file before your visa expires, you'll be OK. If it expires while your AOS case is pending, you won't be considered to be overstaying / here illegally.

3)

do we have to ask permission or file petitions months in advance of getting married?

No. You don't need any special permission or paperwork.

[Nina~ 431]

I got married and applied for AOS during the last semester of study (I didnt apply for an OPT). I got my interview letter about 2 months after I finished my degree. I took my transcripts & degree to the interview, but the IO did not seem to care.

[jojolicious 38]

The date the application for adjustment (I-485) is received by USCIS is far more important IMHO than the date you got married once your visa expires.

So no matter when you get married it's best to send in your paperwork (I-130, I-485, I-131, I-765) before your lawful status, based on the F-1, ends. Always protect your status.

Read the VJ Guides and Adjustment forums thoroughly from now so you can get familiar with the process. Good luck!

[Frenchican 13]

Thank you all for the answers and advice.

Yes, in fact, I am checking the guides, it was just confusing because they involve K1, and I am already here

any other questions that come up, I´ll ask again!

Edited January 11, 2012 by florence_g