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Posted

Hi,

I graduated college at North Carolina in May 2012, and started working with on my OPT in May, which runs out in May 2013.

I have been with my American girlfriend for 3 years, and am planning on getting engaged within a month or so.

My question is, what steps do I need to take to ensure that I can continue to work and stay in the country when my OPT finishes in May, without having to leave the country. Time frames etc, would be very helpful.

Thanks

Posted

You may want to pose your question in this forum: http://www.visajourney.com/forums/forum/142-student-%26-exchange-visitor-visas/

Since you're already in the U.S., the K-1 will not work for your situation seeing as you don't want to leave the country. Good luck!

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

Posted

Yes, you don't want to go K-1 route as you are already in the US on OPT - legal status. File for AOS with all the paperwork. If you get married before Dec 31, you can file taxes as married filing jointly (may even have some refund coming to you). SInce your OPT is expiring in May, I'd calculate at least 90 days before that date and send in the whole package so you can have EAD and won't have to quit your employment -- or can even look for another employer - up to you.

Moving your topic to AOS from tourist, student, work visa.

ROC 2009
Naturalization 2010

Filed: AOS (apr) Country: Australia
Timeline
Posted

Thanks for the advice, are you sure the K-1 route is not what I need to do?

Yes. You will be looking at getting married and applying for adjustment of status. Take a look in the guides section above :)

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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