OPT expires on Jan 31th,07 and getting married.....

[born2farm 0]

Hi, I hope this is the right place to ask this question. I am here on my F-1 student visa. I graduated in Dec, 05 and applied for OPT. My OPT expires this month. (January 31,2007) My school told me that I will have "60 days" grace period that allows me to stay in the U.S. 60 days after the OPT expiration. I and my finace are in the process of getting married and gathering all of the documents we need to apply for AOS. Does anyone know when do I need to file AOS in order to keep me stay here legally? Do I need to file it ( mail out the AOS forms ) before my OPT expires or I can file it before the last date of my OPT grace period? I just want to make sure how much time we have and keep everything ahead of schedule.

Thanks

[ardilla 0]

if you want to keep working, then apply for AOS (with EAD included in the packet) before your OPT expires. Note that you are not applying for a renewal EAD, as OPT EAD's can't be renewed.

If your OPT expires at the end of January, and you don't have an EAD card by the expiration date, you'll need to stop working until the new card arrives.

My husband is doing AOS from F-1 status. His EAD card took 100 days. We applied 95 days before it expired but he still had to take off time from work due to no EAD. We did not receive any RFEs.

Good luck on your journey!

[born2farm 0]

Thanks for your reply. I am not working right now and just wondering if my OPT status (includes 60 days grace period) can keep me here legally till I apply for AOS?

[rhoerus 0]

Thanks for your reply. I am not working right now and just wondering if my OPT status (includes 60 days grace period) can keep me here legally till I apply for AOS?

Hello, I and my wife are at the tail end of the AOS status right now (Interview on the 23rd) and she came in originally on an F-1, so I think I can help explain how it works (we had several misconceptions about the whole process).

Yes, you can remain in the country until your OPT expires, and for the 60 days after this. Once those 60 days expire, you legally are required to leave the country (the 60 days exist in order to give you enough time to wrap up your affairs and move your things back to your country). As long as you file the AOS while you are in the country (legally helps, but is not strictly required, see below), you'll be okay.

A few things to note here. If you are here on an F-1 OPT, border crossings can be difficult (from what I've read; my wife and I never tried it ourselves). To be safe, if you are crossing a border while on the OPT, you should have your visa information and passport, as well as evidence of current employment like a letter from a current employer stating your status at the company, or possibly paystubs.

During your 60 day grace period, if you leave the country at all, you can't come back. If you are on day 10 and you take a trip into Canada/Mexico for the day, you can't come back (unless an officer makes a mistake).

Now, as to the AOS. Your easiest solution would be to get married and file for Permanent Residency before the OPT expires on the 31st. Once you file, your status will change and you will be legally allowed to stay in the country while your paperwork is being processed (your official status would be "Pending AOS"). Once you file, you are no longer in F-1 status, though that's not much of a worry for you at this point.

Another thing to note is that, with spouse-based permanent residency filings, they will tend to forgive most of the less legal things that can occur. If you overstay your visa, work illegally (from what I've heard at least, no personal experience in this) it will be forgiven as long as they believe that you are a couple in love.

It can also look bad if you get married and file for AOS within too short a time period. Most people tend to suggest waiting 60-90 days after a marriage before filing for AOS, to avoid the appearance of illegal activities. But, in the end, most of these things come down to how well you can demonstrate that you are a loving couple at your interview. If you can explain your actions in light of that, you're probably going to be okay.

I hope all that helped you somewhat. Best of luck to you and your fiance.

Final Note: I'm not a lawyer, so please do not take this as official counsel or any kind of truly informed advice; just chipping in my 2 cents in the hope that it will help a prospective emigrant.

[SC & TF 1]

We are kindof in the same situation because I graduated in Dec. 2005, but my OPT expires on Feb. 15, 2007. I got married in October '06, and filed for AOS two weeks after that. I'm also working right now and hoping my EAD comes before my OPT expires. My husband and I figured it would take a while to get through the AOS process, and since I wanted to continue working, we just filed right away. It is advisable that you file for AOS before your OPT expires. I don't know if it will affect your status, but to be on the safe side, start gathering your documents. Good luck.

Edited January 13, 2007 by SC & TF