F1 OPT to AOS + Traveling Questions

[ACR-ECMB 0]

I have done a lot of research, and I've read through a lot of the already created threads here. I still just have a few questions I was hoping I could get some clarity on.

 

My fiance is here in the States on his OPT that expires in Feb 12. We are planning to get married Feb 10th. From what I've read, it seems that we are in the clear in that respect as long as we submit the paperwork for the AOS within his 60 day grace period post OPT. 

 

My main question is that we're going to visit his family in Canada (his home country) in December. I've read somewhere that him coming back in on his OPT status from Canada with the intent to stay would be considered fraud. Am I understanding this correctly? I appreciate any answers you guys can provide. This community seems super helpful.

 

 

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Additional information about us:

We've been dating for 4 1/2 years. We met online while he was enrolled in Las Vegas. He Moved FL shortly after. We've shared apartments for the past 3 years(both of our names on lease). We share bank accounts, and he's also an authorized user on my credit card. We are also on the same TMobile plan. We have all of previous flight info from when we were long distance, and also the last few years going to visit his family together. I'm pretty confident that I understand the whole AOS process and us being able to prove our marriage and make it through the interview process. 

Edited October 22, 2017 by ACR-ECMB
Additional information added for clarity.

[Suss&Camm 2,213]

Yes, entering the US on a non-immigrant visa with intent to marry and file AOS is visa fraud.

Edited October 22, 2017 by Suss&Camm

[Coco8 1,042]

(1) OPT has 60 days of grace ONLY if she has not spent more than 90 days without work during the OPT time. 

 

(2) It is fraud but it is a shady in your situation. Coming back to the US thinking "we might get married on February", it is fine. Coming back to the US saying "we will get married in February, we have a place, sent invitations, big party, etc", is fraudulent. 

But basically once she is in the US, he is in, and you can decide whatever you want. 

 

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My advice would be for him not to go to Canada. You probably have your reasons, but you should marry and start AOS as soon as possible. You are leaving AOS up to the last minute and he will be unable to work, unable to have a driver's license, unable to have health insurance, for 4 months. He won't be able to go to Canada if there is a family emergency. 

 

The more practical issue would be to marry November and AOS. Approx. four months after that he will have an EAD, advance parole; he will be able to get another driver license, etc. With the EAD he could even continue in his current job. 

 

I don't get why you want to wait until she is out of the OPT. He will be watching netflix for 4 months and get bored! 

 

Good luck!

Edited October 23, 2017 by Coco8