Marry US Citizen while on F-1 status

[gnr316 0]

Hello,

I am currently on F-1 visa, graduating in May 2014. I have already secured a job starting June 2014.

I am marrying a US citizen and we have 2 different options:

1. Get legally married in February and apply for Greencard immediately. In this case, how would I be able to work in June - would I have to apply for my OPT EAD or get employment authorization through greencard application? Also, in this case, how would I be able to travel - would I need Advance Parole?

2. Apply for OPT now and travel in May using OPT EAD card. Come back to US in June, get legally married and apply for Greencard. In this case, which document would I need to start working from June - the EAD or some employment card through greencard application? Also, would I need Advance parole to travel after this?

Please let me know which route you would suggest.

Thank you for your time and help!

[Franciscus 32]

Hello,

I am currently on F-1 visa, graduating in May 2014. I have already secured a job starting June 2014.

I am marrying a US citizen and we have 2 different options:

1. Get legally married in February and apply for Greencard immediately. In this case, how would I be able to work in June - would I have to apply for my OPT EAD or get employment authorization through greencard application? Also, in this case, how would I be able to travel - would I need Advance Parole?

2. Apply for OPT now and travel in May using OPT EAD card. Come back to US in June, get legally married and apply for Greencard. In this case, which document would I need to start working from June - the EAD or some employment card through greencard application? Also, would I need Advance parole to travel after this?

Please let me know which route you would suggest.

Thank you for your time and help!

OK, i'm not sure if it is a clear-cut answer, but I guess it is better if you get married now and apply for the green card now. In 2 to 3 months you will get a combo card that is both the EAD (employment authorization) and advance parole (so you can leave the country and come back without problems, you definitely can't leave before getting that). You can search in visajourney to have a better look at the combo card timing (ie check if it took longer in some cases, or if the 2/3 months is consistent).

I'm not aware of the OPT requirements, so I can't tell you a lot about this. Be aware of the different situation of an F1 visa (non-immigrant, you are supposed to go back to your country) and applying for a green card (immigrant), it is OK to move from non-immigrant to immigrant but you can't move back and forth.

If you are going the green card route, chech this carefully http://www.visajourney.com/content/i130guide2, chech the forms in uscis.gov even more carefully, and do a lot of searches in this forum.

[coolime 0]

Same situation as me. I'm currently on F-1 and graduating in May 2014.

The "real" wedding is in April but we first got married in the city hall earlier this month and I applied for the green card as soon as my documents were ready.

I'm applying for OPT depending on how fast/slowly things go.

I suggest talking to your international student advisor at school and filing for marriage ASAP anyway.

[gnr316 0]

Thanks, Franciscus.

So in that case, if I file for my greencard right now, I would NOT have to do my OPT?

In the other scenario, where I file for greencard in June after my international travel in May, would it be a problem to come back using my OPT EAD and then filing for greencard? Would that be considered coming back on a non-immigrant visa but with immigrant intent or they wouldn't be bothered since I will be doing my greencard application AFTER arriving back in USA?

[gnr316 0]

Thanks, Coolime.

Did you hire a lawyer for the process or is it quite straight forward?

Can you apply for OPT at the same time as Greencard? This might conflict since one is nonimmigrant and other is immigrant?

Have you also applied for the Advance Parole and EAD via greencard?

[Darkarma 2]

If a F1 gets married to a USC, immediately proceeding the marriage can file AOS. If you have filed all the package I485, EAD, AP etc, then no need to file OPT. inform your counselor at the school that you are adjusting status.

You will not be considered out of status until the adjudication of the case ie AOS.

Thus this saves you money from not filing the F1 OPT.

[Darkarma 2]

Gnr316 generally it is not recommended to travel when one has a immigration petition pending. If you are denied entry for any chance then you would have to process a counselor process in your native country.

No they would not deem it as immigration intent, since when you applied for the visa you had none as I presume.

Thus apply AOS get your AP and then travel. An AOS is pretty fast these days.

[mngoalie 10]

I just completed the process of F-1 to a GC with my husband. No lawyer was needed. Just follow the guide. Never did the OPT as his EAD came within acouple of months so he worked on that rather than OPT.

We let the school know when we filed our paperwork, but they treated him as an F-1 until our interview, where they took his I-94 and said the F1 doesn't apply anymore.

[gnr316 0]

OK, i'm not sure if it is a clear-cut answer, but I guess it is better if you get married now and apply for the green card now. In 2 to 3 months you will get a combo card that is both the EAD (employment authorization) and advance parole (so you can leave the country and come back without problems, you definitely can't leave before getting that). You can search in visajourney to have a better look at the combo card timing (ie check if it took longer in some cases, or if the 2/3 months is consistent).

I'm not aware of the OPT requirements, so I can't tell you a lot about this. Be aware of the different situation of an F1 visa (non-immigrant, you are supposed to go back to your country) and applying for a green card (immigrant), it is OK to move from non-immigrant to immigrant but you can't move back and forth.

If you are going the green card route, chech this carefully http://www.visajourney.com/content/i130guide2, chech the forms in uscis.gov even more carefully, and do a lot of searches in this forum.

Thanks, Franciscus.

So in that case, if I file for my greencard right now, I would NOT have to do my OPT? Would my studies be interrupted at all?

In the other scenario, where I file for greencard in June after my international travel in May, would it be a problem to come back using my OPT EAD and then filing for greencard? Would that be considered coming back on a non-immigrant visa but with immigrant intent or they wouldn't be bothered since I will be doing my greencard application AFTER arriving back in USA?

Same situation as me. I'm currently on F-1 and graduating in May 2014.

The "real" wedding is in April but we first got married in the city hall earlier this month and I applied for the green card as soon as my documents were ready.

I'm applying for OPT depending on how fast/slowly things go.

I suggest talking to your international student advisor at school and filing for marriage ASAP anyway.

Thanks, Coolime.

Did you hire a lawyer for the process or is it quite straight forward?

Can you apply for OPT at the same time as Greencard? This might conflict since one is nonimmigrant and other is immigrant?

Have you also applied for the Advance Parole and EAD via greencard?

[gnr316 0]

If a F1 gets married to a USC, immediately proceeding the marriage can file AOS. If you have filed all the package I485, EAD, AP etc, then no need to file OPT. inform your counselor at the school that you are adjusting status.

You will not be considered out of status until the adjudication of the case ie AOS.

Thus this saves you money from not filing the F1 OPT.

Thanks, ravi_niu.

So there will not be any problem with continuing my studies uninterrupted I'm assuming.

Also, since we live in 2 different states for school and will be living like that for 1 year after marriage as well, is that a problem? We have been together for 10+ years and have pictures etc to support that.

[gnr316 0]

I just completed the process of F-1 to a GC with my husband. No lawyer was needed. Just follow the guide. Never did the OPT as his EAD came within acouple of months so he worked on that rather than OPT.

We let the school know when we filed our paperwork, but they treated him as an F-1 until our interview, where they took his I-94 and said the F1 doesn't apply anymore.

thanks a lot, mngoalie.

Would you know if it's a problem if we're living in separate states but have pictures as proof of our 10+ year relationship?

[mngoalie 10]

thanks a lot, mngoalie.

Would you know if it's a problem if we're living in separate states but have pictures as proof of our 10+ year relationship?

We were in a 10 year long distance relationship before we were able to marry. We had some pictures (acouple dozen) and included them with the application. I think it should be ok as long as you have the pictures. Keep in mind you'll have to go to the interview together, so pick wherever its easier for both of you to get to for the location.

[Franciscus 32]

Thanks, Franciscus.

So in that case, if I file for my greencard right now, I would NOT have to do my OPT? Would my studies be interrupted at all?

In the other scenario, where I file for greencard in June after my international travel in May, would it be a problem to come back using my OPT EAD and then filing for greencard? Would that be considered coming back on a non-immigrant visa but with immigrant intent or they wouldn't be bothered since I will be doing my greencard application AFTER arriving back in USA?

1) No problem at all, no interruption in studies.

2) I do not know enough about OPT to answer this one, sorry.

[gnr316 0]

After the greencard application, what's the maximum time to receive the EAD / Advance Parole? Is it "ALWAYS" less than 3 months? This is because I need to plan my international travel exactly 3 months after the application.

Also, if I travel on my OPT EAD after graduation, is there a problem with re-entering with that and later(2 months) applying for greencard?

Is there a certain continuous time period one has to stay in US before being eligible to apply for greencard?

[mngoalie 10]

After the greencard application, what's the maximum time to receive the EAD / Advance Parole? Is it "ALWAYS" less than 3 months? This is because I need to plan my international travel exactly 3 months after the application.

Also, if I travel on my OPT EAD after graduation, is there a problem with re-entering with that and later(2 months) applying for greencard?

Is there a certain continuous time period one has to stay in US before being eligible to apply for greencard?

Its usually less than 3 months, but there's no guarantee.

If you leave before you get your advance parole, your application is abandoned, so be careful about planning travel until you have it approved.