Candidate with OPT EAD Extn expires in Nov 2016 and will be getting married to a USC

[Godisgreat88 0]

Hello

I am currently on my OPT EAD Extn which expires in Nov 2016, I will be getting married to my fiance who is a USC overseas in Feb 2016 and will come back. I will be applying for the family GC process in April 2016 after a court marriage here. My question here is do I still need an employer who will have to sponsor my H1B in 2016 or wait till my temp EAD GC comes and continue working on my OPT EAD. Also if anyone could give me the process and time lines for the process till I get an interview and If i would be safe to be in the country till Nov 2016, till i get my conditional GC.

Any legit advice and help on this topic would be greatly appreciated.

Thanks for your time and patience to look into this.

[Godisgreat88 0]

Can some one please provide an answer to this? Would be helpful here

Hello

I am currently on my OPT EAD Extn which expires in Nov 2016, I will be getting married to my fiance who is a USC overseas in Feb 2016 and will come back. I will be applying for the family GC process in April 2016 after a court marriage here. My question here is do I still need an employer who will have to sponsor my H1B in 2016 or wait till my temp EAD GC comes and continue working on my OPT EAD. Also if anyone could give me the process and time lines for the process till I get an interview and If i would be safe to be in the country till Nov 2016, till i get my conditional GC.

Any legit advice and help on this topic would be greatly appreciated.

Thanks for your time and patience to look into this.

[Penguin_ie 5,997]

There are a lot of grey areas here.

For example, the H1B is a dual intent visa so you could certainly use it to enter the country with the intent of staying. But the F1 student visa is not, so getting married abroad and then entering with the intent of Adjusting Status is questionable.

You also mention getting married twice, abroad and then legally in the USA, but the US recognisesd marriages from abroad so that is not necessary.

[Godisgreat88 0]

Hello there,

Thanks for your response.

In specific my question is can I still work on my OPT EAD till Nov 2016, when in the mean time I would be filling my spouse GC process in April 2016. Do I need to apply for a H1B next year or skip this step as I would be filling the spouse GC anyways.

Also any idea on the timelines when I would be able to get the temp EAD and conditional GC if my application is filed on April 2016.

Thanks

[Elf 146]

Hi

Can you clarify for us whether you're planning to marry your fiancee overseas in February 2016, then return to the US in F-1 status?

[Godisgreat88 0]

Hello,

Yes, I would marrying my fiancee overseas in February 2016 and return to the US in my F-1 status.

Thanks

[Elf 146]

If you're planning to enter the US in your F-1 status then adjust status, that's a huge problem.

As Penguin explained above, the F-1 is a non-immigrant visa. Entering the US on a non-immigrant visa with the intention of adjusting status is immigration fraud. If you were already in H1B status, our answer would be different, because the H1B is a dual-intent visa and it is permissible to enter on an H1B with the intention of adjusting to green card status. It is not permissible to do that on an F-1.

Also, why are you planning to marry in April in the US, after already having a wedding ceremony in February? Your overseas marriage will be valid in the US, so a second ceremony is unnecessary.

[Godisgreat88 0]

So Elf. What you are trying to say is I can use the marriage certificate overseas and with that I can apply for the GC process once I come into the States. Yes, I do understand adjusting the status with a non-immigrant visa is not the appropriate route. That's why I was asking for a solution here as I am currently on OPT- EAD and our intention is to get married overseas and this is the current visa I can travel in.

Would you suggest any other process that I need to follow as the H1B applies only next year to me which the window opens in April 2016.

Thanks

[Elf 146]

So Elf. What you are trying to say is I can use the marriage certificate overseas and with that I can apply for the GC process once I come into the States. Yes, I do understand adjusting the status with a non-immigrant visa is not the appropriate route.

No, what I am trying to say is that you cannot marry overseas and re-enter in F-1 status with the intention of filing for adjustment of status. That is immigration fraud.

You can marry in the US and adjust status, because when you last entered in F-1 status you did not have immigrant intent.

You cannot marry overseas and re-enter the US in F-1 status with the intention of adjusting from a non-immigrant to an immigrant status. It is not merely "not the appropriate route". It is immigration fraud, and it is illegal.