Marrying while on OPT after a Student Visa

[curiousaboutvisas 0]

Hello everyone!

I am a U.S. citizen and my girlfriend is from Brazil, here on a Student Visa. The student Visa expired and she is now here on OPT and allowed to work for the year, in which case the OPT will expire and she needs to apply for a new Visa or go back to Brazil. We are at the stage in our relationship where we love each other and I was going to ask her if she would marry me, but I dont know what that process entails for us due to her current OPT status and applying for green card status.

So I guess here are some questions I have:

If we get married, and we apply for the adjustment of status from OPT to green card, does she leave the country after her OPT ends anyway?

Do we apply for an Adjustment from OPT to another visa instead of applying for the green card, and then apply for an adjustment from that visa to a green card?

How long is the process of getting a green card after marriage? Is there a document that allows her to be in the country legally until she gets a green card so that allows her to stay in the country after OPT?

Thank you for your help.

[Cheezees 1,514]

Hello everyone!

I am a U.S. citizen and my girlfriend is from Brazil, here on a Student Visa. The student Visa expired and she is now here on OPT and allowed to work for the year, in which case the OPT will expire and she needs to apply for a new Visa or go back to Brazil. We are at the stage in our relationship where we love each other and I was going to ask her if she would marry me, but I dont know what that process entails for us due to her current OPT status and applying for green card status.

So I guess here are some questions I have:

If we get married, and we apply for the adjustment of status from OPT to green card, does she leave the country after her OPT ends anyway? No. There would be no reason to.

Do we apply for an Adjustment from OPT to another visa instead of applying for the green card, and then apply for an adjustment from that visa to a green card? No. After you get married you apply for the green card. There is no "intermediate" visa.

How long is the process of getting a green card after marriage? Oh boy. It depends. I received mine in about 3 months. For some it takes over a year. Is there a document that allows her to be in the country legally until she gets a green card so that allows her to stay in the country after OPT? If you apply for a green card while she is on the OPT then this is a non-issue. By marrying you she would become an immediate relative of a USC making any overstay/gap "forgiven". But why wait until the OPT is expired/near expired?

Please take a look at the guides here on VJ and check out the forms related to the AOS process at uscis.gov/forms. Good luck!

Thank you for your help.

Edited May 21, 2016 by Cheezees

[curiousaboutvisas 0]

Hello!

Thanks so much for your quick reply, it really is appreciated. SO what I am understanding then is that if we get married while she is on OPT, we just apply for the green card. Even if we dont get the green card before her OPT expires, she can stay in the country legally with no penalty because she is now my immediate relative, correct?

Thanks again!

[Cheezees 1,514]

Hello!

Thanks so much for your quick reply, it really is appreciated. SO what I am understanding then is that if we get married while she is on OPT, we just apply for the green card. Even if we dont get the green card before her OPT expires, she can stay in the country legally with no penalty because she is now my immediate relative, correct?

Thanks again!

Very correct!

I went through the same process when I married my USC husband.

[curiousaboutvisas 0]

Thanks so much for your help and congratulations on your marriage. I wish you a long happy life with him! I am horrible with acronyms, USC is US Citizen correct?

[Cheezees 1,514]

Thanks. And yes, USC = United States Citizen. Just stick around VJ (VisaJourney) and you'll get a hang of all of the acronyms. There are quite a few.

Edited May 21, 2016 by Cheezees

[newacct 688]

SO what I am understanding then is that if we get married while she is on OPT, we just apply for the green card.

Even if you get married when she is no longer on OPT, or don't apply until she is no longer on OPT, or whatever, you can still just apply for the green card.

[lindsayhe1818 0]

Hello!

Thanks so much for your quick reply, it really is appreciated. SO what I am understanding then is that if we get married while she is on OPT, we just apply for the green card. Even if we dont get the green card before her OPT expires, she can stay in the country legally with no penalty because she is now my immediate relative, correct?

Thanks again!

Yup, I am Canadian. I was on F1 visa and then OPT after graduation my OPT expires in July 2016, but my Husband proposed and we got married Jan 2016. I filed in Jan and got my EAD / Advance Parole card in April. Waiting for the interview, you do not need anything other than filing status adjustment , EAD advance parole and petition. She can stay once she files until they reject her and deport her, she is allowed to stay legally but do not travel until you receive the Advance Parole card.

But do not wait until OPT is expired, marry before OPT expires and file before it expires. Or else it wouldn't be adjustment status after the grace period is over then it is illegal overstay ( i think)

Edited June 7, 2016 by lindsayhe1818

[Raccoon_CA 5]

The only thing that matters is that she was initially admitted into the U.S. as an F-1, which makes her eligible to adjust her status from the United States. As soon as you apply for her green card based on your marriage, the new family-based petition supersedes the OPT status, which is automatically voided. This is because her intent changed to that of an immigrant intent, whereas F-1 / OPT are considered non-immigrant intent. Therefore, the OPT deadlines will have no effect anymore. She will be considered as a "Pending family-based adjustment of status petition" and will be eligible to apply for a Employment Authorization Document concurrently with her main Adjustment of Status application.

It is preferable to file before she runs our of status so that she comes out as more "responsible" about maintaining lawful status, although she will still be eligible to apply after she ran out of status, as long as she doesn't live the country.

[newacct 688]

But do not wait until OPT is expired, marry before OPT expires and file before it expires. Or else it wouldn't be adjustment status after the grace period is over then it is illegal overstay ( i think)

It won't have any effect on the Adjustment of Status.