F-1 to Marriage

[AussieGuy12 23]

Hi All,

I am looking for some guidance, to ensure that I have do everything by the law. A little about myself.

 

Arrived in the USA in 2013 on my F-1 Visa

Have since completed my Undergrad and Masters (Graduating Aug 2017)

Applied for OPT, which should expire August 2018.

Met my soon to be Fiancé (US Citizen) a couple of years ago.

 

I plan to propose to her in Europe when we go in vacation for a week in June 2017 , then re-enter as my F-1 Status. My first question is:

 

1) Is there a difference between coming into the country the first time and then re-entering. When I came the first time in 2013, I did not intend to marry, but have since met. Now when I come back to re-enter into the USA in June, technically "I would have intent" to marry, since we are now proposed.

 

Then if we get through this, which I assume, since we are in different lines, her the USA, and myself, the non-resident line, we then would look to marry soon. But I would be heading overseas again for CPT this summer. Again, I would be "with intent" but does this matter?

 

Then once married, I assume in the next 12 months, things then change all together. I look to complete the full application (I-130, I-485, I-765, I-864, G-325A, Bona Fide Evidence & I-693A ). A few questions about this:

 

2) If my GC application is during my OPT where I have EAD (Work Authorization) -  Can I continue to work?

3) Once application is made, can I leave the country? as my current status of F-1 OPT allows me to have multiple entries? - I realize you can apply for AP (I-131), but if I am in currently in legal non-immigrant status, does this change?

4) If I propose, and are engaged, before we get married and I go to Canada? Does this change with any re-admissions into USA?

5) Finally, what if my passport expires during the Permeant Residency? Does this matter at all? or do these transfer over?

 

Thank you for all your help in advance.

Edited May 22, 2017 by AussieGuy12

[Nelly17 10]

21 minutes ago, AussieGuy12 said:

Hi All,

I am looking for some guidance, to ensure that I have do everything by the law. A little about myself.

 

Arrived in the USA in 2013 on my F-1 Visa

Have since completed my Undergrad and Masters (Graduating Aug 2017)

Applied for OPT, which should expire August 2018.

Met my soon to be Fiancé (US Citizen) a couple of years ago.

 

I plan to propose to her in Europe when we go in vacation for a week in June 2017 , then re-enter as my F-1 Status. My first question is:

 

1) Is there a difference between coming into the country the first time and then re-entering. When I came the first time in 2013, I did not intend to marry, but have since met. Now when I come back to re-enter into the USA in June, technically "I would have intent" to marry, since we are now proposed.

 

Then if we get through this, which I assume, since we are in different lines, her the USA, and myself, the non-resident line, we then would look to marry soon. But I would be heading overseas again for CPT this summer. Again, I would be "with intent" but does this matter?

 

Then once married, I assume in the next 12 months, things then change all together. I look to complete the full application (I-130, I-485, I-765, I-864, G-325A, Bona Fide Evidence & I-693A ). A few questions about this:

 

2) If my GC application is during my OPT where I have EAD (Work Authorization) -  Can I continue to work?

3) Once application is made, can I leave the country? as my current status of F-1 OPT allows me to have multiple entries? - I realize you can apply for AP (I-131), but if I am in currently in legal non-immigrant status, does this change?

4) If I propose, and are engaged, before we get married and I go to Canada? Does this change with any re-admissions into USA?

5) Finally, what if my passport expires during the Permeant Residency? Does this matter at all? or do these transfer over?

 

Thank you for all your help in advance.

1) I dont have an answer to your "intent question.

2)if you have and EAD for opt then you dont need to apply for an ead through the green card process. Dont fill out I765

3)once you submit your green card application , you can only leave if you have AP otherwise your application will be withdrawn.

4) not sure

5) just renew your passport 6months before it expires. Go to your embassy.

 

[Transborderwife 4,666]

F1 is not dual intent.  You may not enter with intent to adjust

[geowrian 22,337]

51 minutes ago, AussieGuy12 said:

1) Is there a difference between coming into the country the first time and then re-entering. When I came the first time in 2013, I did not intend to marry, but have since met. Now when I come back to re-enter into the USA in June, technically "I would have intent" to marry, since we are now proposed.

 

Then if we get through this, which I assume, since we are in different lines, her the USA, and myself, the non-resident line, we then would look to marry soon. But I would be heading overseas again for CPT this summer. Again, I would be "with intent" but does this matter?

 

Then once married, I assume in the next 12 months, things then change all together. I look to complete the full application (I-130, I-485, I-765, I-864, G-325A, Bona Fide Evidence & I-693A ). A few questions about this:

 

2) If my GC application is during my OPT where I have EAD (Work Authorization) -  Can I continue to work?

3) Once application is made, can I leave the country? as my current status of F-1 OPT allows me to have multiple entries? - I realize you can apply for AP (I-131), but if I am in currently in legal non-immigrant status, does this change?

4) If I propose, and are engaged, before we get married and I go to Canada? Does this change with any re-admissions into USA?

5) Finally, what if my passport expires during the Permeant Residency? Does this matter at all? or do these transfer over?

 

Thank you for all your help in advance.

1. Yes, this does matter. You are not permitted to obtain or use a non-immigrant visa with the intent to stay and adjust in the US. You are permitted to marry and even file for a CR-1 visa in the US, but not enter with the intent to stay within the US and file for AOS.
2. Yes, assuming your existing EAD is still valid.
3. No. Once you file for AOS, you cannot leave the country until AP is obtained (ETA: 3-4 months from filing). You would almost certainly not be permitted back in on a non-immigrant visa like an F-1 after having filed AOS. AOS is abandoned the moment you leave the US without AP.
4. The same rules apply at every entry. You can propose and enter fine (or even get married). You may need to show sufficient ties to return home to overcome those ties to the US.
5. You can renew your passport at your local embassy within the US. An expired passport is certainly better than no passport, but I would suggest having a current passport.

[Allie D 39]

34 minutes ago, geowrian said:

You are not permitted to obtain or use a non-immigrant visa with the intent to stay and adjust in the US

To clarify, by "use" do you mean re-enter? Do you know why it's OK to adjust status from F-1 if you're inside the USA but not re-enter, even after a week or two, with the intent to adjust status? Is this because you're continuing to use the visa for exit and re-entry, whereas you "give up" your visa when adjusting status inside the USA?

 

Curious about what seem like subtleties here. F-1 is a non-immigrant visa but it's OK to change your intent if you're inside the country but not OK if you change your intent inside the country, then leave the country, and decide to re-enter. I'm assuming these subtleties have to do with preventing immigration fraud but I don't see how or why, at least in OP's case.

 

(Not suggesting that anyone should break immigration rules. Just curious about why these rules are the way they are.)

Edited May 23, 2017 by Allie D

[geowrian 22,337]

1 minute ago, Allie D said:

To clarify, by "use" do you mean re-enter? Do you know why it's OK to adjust status from F-1 if you're inside the USA but not re-enter, even after a week or two, with the intent to adjust status? Is this because you're continuing to use the visa for exit and re-entry, whereas you "give up" your visa when adjusting status inside the USA?

 

Curious about what seem like subtleties here. F-1 is a non-immigrant visa but it's OK to change your intent if you're inside the country but not OK if you change your intent inside the country, then leave the country, and decide to re-enter.

Correct, I meant entering on said visa. As for "why", it's because F1 is a non-immigrant visa so you cannot enter with the intent to adjust. However, there are circumstances where people change their mind after entering (i.e. in the OP's case before he leaves the US), and AOS is fine for that.

 

Exactly, subtleties. And your understanding is correct - you can change your mind once inside the country, but not enter with that intent.

[Allie D 39]

7 minutes ago, geowrian said:

Correct, I meant entering on said visa. As for "why", it's because F1 is a non-immigrant visa so you cannot enter with the intent to adjust. However, there are circumstances where people change their mind after entering (i.e. in the OP's case before he leaves the US), and AOS is fine for that.

 

Exactly, subtleties. And your understanding is correct - you can change your mind once inside the country, but not enter with that intent.

I see. The blanket rule must be to protect F-1's status as a non-immigrant visa and prevent law enforcement headaches. Otherwise, if it were OK for people OP to re-enter because he changed his mind inside the country, all kinds of loopholes might arise and erode F-1's effectiveness as a non-immigrant visa.

Edited May 23, 2017 by Allie D

[AussieGuy12 23]

Have another question.

What if we get married during my OPT: But I do not apply for an AOS until near the end of my OPT. 

Does this effect anything?

Or once you are married you need to apply for an AOS right away?

 

Scenario:

Say we get married in September 2017. Do I need to have an AOS right away or can I continue on OPT up until later in 2018 (Expires Aug 2018).

I see it could be risky, especially, if you go out of the country and re-enter?

[Allie D 39]

18 minutes ago, AussieGuy12 said:

Say we get married in September 2017. Do I need to have an AOS right away or can I continue on OPT up until later in 2018 (Expires Aug 2018).

I see it could be risky, especially, if you go out of the country and re-enter?

You don't have to file for AOS immediately after marriage as you are still legally in the USA under your F-1 OPT. My husband and I got married while I was on my F-1 OPT but we filed for AOS during my F-1 grace period.

 

Also consider reading this:

https://www.avvo.com/legal-answers/f-1-opt-invalid-after-applying-for-aos-and-ead--2385305.html

 

As has already been stated:

• You cannot get married in the USA, leave the country, and re-enter on your F-1 visa with the intent to adjust status.
• You also cannot leave the USA and re-enter on your F-1 visa with the intent to (i) get married inside the USA because you are engaged, and then (ii) adjust status inside the USA.

So you should:

1. Marry in the USA, stay in the USA, and adjust status.
2. OR marry in the USA, file for CR-1/IR-1 (either inside or outside the USA), and then wait outside the USA until your CR-1/IR-1 is approved.
3. OR marry outside the USA, stay outside the USA, and not re-enter until CR-1/IR-1 is approved.

For case 1 in the list above, you cannot leave the USA prior to AOS approval if you haven't received advance parole. Otherwise your petition is considered to be abandoned.

[EMBELL_17 102]

On 5/23/2017 at 0:53 PM, AussieGuy12 said:

Have another question.

What if we get married during my OPT: But I do not apply for an AOS until near the end of my OPT. 

Does this effect anything?

Or once you are married you need to apply for an AOS right away?

 

Scenario:

Say we get married in September 2017. Do I need to have an AOS right away or can I continue on OPT up until later in 2018 (Expires Aug 2018).

I see it could be risky, especially, if you go out of the country and re-enter?

You can work on your OPT as long as it is still in effect (meaning it has not yet expired). The day it expires, you must not continue working! I married in January and did not file my AOS until May. Therefore, I could have left the US at any time I wanted and returned on F-1 OPT status (because I had work and that was my reason for return). Leaving and re-entering the US only becomes a real issue once you submit your AOS packet. You will need Advanced Parole (AP) that you get through filing Form I-131.

 

Long story short. As long as you have not yet sent in your AOS packet, you are free to come and go as an F-1 OPT visa-holder. The minute you send in your AOS application, USCIS must pre-approve any of your trips out of the USA or your application will be withdrawn! Good luck!

 

This is my understanding but this is also because my primary intent for re-entering the US is for work related to my OPT status.

Edited May 25, 2017 by EMBELL_17

[AussieGuy12 23]

5 minutes ago, EMBELL_17 said:

 

Long story short. As long as you have not yet sent in your AOS packet, you are free to come and go as an F-1 OPT visa-holder. The minute you send in your AOS application, USCIS must pre-approve any of your trips out of the USA or your application will be withdrawn! Good luck!

What about if My OPT expires in August 2018. I get married in November 2017, and then apply for AOS in Jan 2018. 

Once I have applied for AOS in Jan 2018, can I continue to work on my OPT while I am waiting to hear from USCIS on my case?

[EMBELL_17 102]

Just now, AussieGuy12 said:

What about if My OPT expires in August 2018. I get married in November 2017, and then apply for AOS in Jan 2018. 

Once I have applied for AOS in Jan 2018, can I continue to work on my OPT while I am waiting to hear from USCIS on my case?

Yes, you can continue to work on your OPT until August 2018. BUT just to be safe: send in your I-765 with your AOS application (because it is free if you send it in with all the other forms). Your current EAD should say "Class C03B' on it. If you send in your I-765 with your January 2018 application, you should receive a new EAD between April-June 2018. Your new EAD will say 'Class C09' and your C03B EAD will no longer be valid. You will then continue working on your new EAD on C9 status.

[geowrian 22,337]

5 minutes ago, EMBELL_17 said:

As long as you have not yet sent in your AOS packet, you are free to come and go as an F-1 OPT visa-holder.

You cannot enter on an F-1 with the intent to file for AOS. Once the OP leaves the US, he cannot re-enter with the intent to stay and adjust status.

[EMBELL_17 102]

3 minutes ago, geowrian said:

You cannot enter on an F-1 with the intent to file for AOS. Once the OP leaves the US, he cannot re-enter with the intent to stay and adjust status.

Is this the case even if his primary reason for re-entering the US is for work-related purposes?

[geowrian 22,337]

3 minutes ago, EMBELL_17 said:

Is this the case even if his primary reason for re-entering the US is for work-related purposes?

Yes. F-1 is a non-immigrant visa.

 

Edit: For clarity, the exceptions are for dual-intent visas like a K-1. Those permit, by definition, immigrant intent.

Edited May 25, 2017 by geowrian