Getting married while current F-1 (OPT) visa is ending

[andrew625 0]

**I hope I'm posting on the right forum. If it's wrong please kindly remove or relocate this thread My apologies and thank you.**


Hello!! Experts at VisaJourney!! My name is Andrew and I am college grad living in Buffalo, NY.
I am currently on F-1 OPT extension, and had received an EAD card that expires at the end of August this year (08/31/13). I've been in a steady relationship with my girl friend who is a citizen and we've finally decided to sign the marriage to stay together. I understand that after my spouse files her I-130, I can apply for AoS (Adjustment of Status). So here comes the catch, my F-1 OPT extension is expiring in Aug 31st, 2013; and since we've just made the decision recently, we haven't started the filing process. We're currently in the progress of getting our NYS marriage license. with that said,

What happens if my current visa expired while our applications (I-130 or AoS) is being processed?

All inputs are appreciated and we will be visiting the local immigration office as well.
Thank you again.

Lastly, if this topic is posted at the wrong location, please notify me or kindly remove or relocate it. Thank you!!

[aaron2020 11,651]

Once you file for AOS, you are legally in the US until a decision is made.

If the OPT expires, you cannot legally work. You would need an EAD card to be work authorized (2-3 months after filing AOS).

Go get marry today and file for AOS. Once you get the NOA1, make an Infopass appointment for expedited EAD if you need to work.

[newacct 688]

I understand that after my spouse files her I-130, I can apply for AoS (Adjustment of Status).

They should be concurrently filed, i.e. in the same envelope.

[andrew625 0]

Truly appreciate both of your help aaron2020 and newacct!!!

We just got back from the immigration office today and we got all our papers and answers as well!!
The officer gave the same answer too! Again, thank you so so much!!
We'll get on the document ASAP!!!