Marriage on OPT

[agloco 0]

Hi, I graduated from a US institution last year and am currently on OPT. My F1 expired in May and my OPT is valid until Oct. If I were to get married, I suppose I will have to follow the instructions here www(dot)visajourney(dot)com/content/i130guide2, am I right?

But here's the thing, my girlfriend is still a student in college, and based on this www(dot)uscis(dot)gov/files/form/i-864p.pdf she needs to show an income of $18,912 to sponsor me. Am I right so far? If so, am I screwed if she doesn't have that income? I too don't have that income because I have been working unpaid.

What can I do?

[Harpa Timsah 13,258]

You can get a co-sponsor. That's your only choice.

[newacct 688]

Hi, I graduated from a US institution last year and am currently on OPT. My F1 expired in May and my OPT is valid until Oct.

(Off-topic) You only have 5 months of OPT?

Edited March 7, 2013 by newacct

[agloco 0]

(Off-topic) You only have 5 months of OPT?

Graduated last year. OPT until October '13. So.. No. Standard 12 months. I'm also eligible for STEM extension. How does a co-sponsor work? The stupid thing is that, of course, if we were to get married and I get the EAD under this conditional green card, I would easily get a job that would clear the sponsorship requirements. It's just that this restrictive OPT thing limits me regarding jobs I can have, not to mention the whole H1-B sponsorship thing just keeps me out of many jobs since so many employers just couldn't be bothered to go through the paperwork of sponsoring the H1-B.

[akihon 129]

Graduated last year. OPT until October '13. So.. No. Standard 12 months. I'm also eligible for STEM extension. How does a co-sponsor work? The stupid thing is that, of course, if we were to get married and I get the EAD under this conditional green card, I would easily get a job that would clear the sponsorship requirements. It's just that this restrictive OPT thing limits me regarding jobs I can have, not to mention the whole H1-B sponsorship thing just keeps me out of many jobs since so many employers just couldn't be bothered to go through the paperwork of sponsoring the H1-B.

interesting that your employer didn't file H-1B when the window opened. Is it because you're unpaid?

[agloco 0]

interesting that your employer didn't file H-1B when the window opened. Is it because you're unpaid?

Yeah. I think you'd be hard-pressed to find any international getting an H1-B in an unpaid position. Doubt that is even allowed. Prevailing wage, remember?

[AnotherLostSoul 167]

(/off topic start://) It is so twisted when it comes to these things...in my work place, the P.I. literally gets international students who are on OPT because even though they get paid, it is still good work. They know more than having an undergrad student, who is cheap, but knows limited compared to an OPT, but yet, not a post doc who know even more, but are more expensive. And my P.I. gets these people and once their OPT is ending, he just says "Sorry, I don't have the money to fund you anymore" and that way he is not going to help them get H1B. Another extreme example of this is a researcher in my work place, who has been in the US for 7 years (yes, 7 years), in her 2nd year of H1B, and wants to obtain a green card, but the P.I. is not willing to sponsor her so she is trying to go through NIW. I don't know how strict they are on that route, but I feel it is disgusting how some P.I.s clearly use internationals until they don't have to pay extra. Then all of a sudden, they don't have money. If this post doc doesn't get her green card through NIW, she has to eventually go back to her home country and two of her kids, one is 9 and was 2 years old when they moved here. So technically that kid doesn't even belong to their country of origin. It's just mean how some people abuse international people...kind of upsetting. But then on the other scale, there's the opposite too. In my work place for example, the requirement to post 10 days earlier the H1B job application and has a deadline to it, they literally post it AFTER the expiration date. So, "of course", no one can apply for that position only the person who they literally printed that out for. So, "of course" that person gets it as "no one else applied" since no one else saw it, since it was up AFTER the deadline. It's all politics when it really comes down who is competitive enough and really deserves an H1B, as well as the other end as I mentioned, how some P.I.s can just simply USE people until they don't have help them after their OPT (or on H1B getting a green card...). I'm not saying everywhere is like this, but in our place I have both ends as you see...(//off topic ends://)

[ibrza 0]

Let me piggy back off your topic, i am on OPT as well and about to file for AOS, what if i made above the stipulated about last year, do i still need a sponsor, or i can sponsor myself?

Thanks

[newacct 688]

Let me piggy back off your topic, i am on OPT as well and about to file for AOS, what if i made above the stipulated about last year, do i still need a sponsor, or i can sponsor myself?

Thanks

You can sponsor yourself. Your petitioner will still need to fill out an I-864 however. Also, it's not about how much you made last year. It's your annual income as of now.

[ibrza 0]

You can sponsor yourself. Your petitioner will still need to fill out an I-864 however. Also, it's not about how much you made last year. It's your annual income as of now.

Thank you, so my wife will have to fill out a form I-864 in addition to mine (the sponsor)?

Thanks