AOS F1 To LPR through Marriage based Green Card

[KTyrell 0]

Hello everyone!

 

I am a US citizen looking to sponsor my foreign national girlfriend's greencard through marriage and AOS. We understand the most of the process already but have some questions for the more knowledgeable folks here due to the new DOS 90 days rule. A short background of our situation:

 

1. My girlfriend came here to the US about 2.5 years ago on a F1 visa to complete her graduate studies. She received her degree in the summer of 2017 and applied for OPT. She was issued a 1-year EAD that expires in Mid June of this year.

2. From the time of her EAD active date (summer 2017) until today, she has been employed and accrued ~40 days of unemployment total (~50 days remaining from 90 days) from September 2017 to December 2017. She is currently employed full time and has her I-20 active and approved for international travel.

3. We wish to travel to her home country to visit her family next week. She has all the documents necessary to return to a US POE (active F1 visa, I94, I20, employment documentation/job offer letter/valid passport, etc.).

4. The trip lasts ~2.5 weeks and we will return at the end of February.

5. After we return from the trip, we plan on getting married and submitting the AOS before the end of her EAD in June 2018.

 

Our Questions:

1. Will the DOS 90 days rule prevent her from marrying me before the 90 days has past our US entry date? February 28, 2018 -> May 28,2018. If so then would it be prudent to marry after June 1st? (This is worrying us because it is way too close to her EAD expiration date). We plan to submit the AOS after our marriage and definitely after 90 days to abide by DOS policies.

2. Will the DOS 90 days rule target her intention to marry me as visa fraud? Her intent as of now and when we return to the US on February 28, 2018, is to continue working and completing her F1 OPT. She is currently interviewing with companies that sponsor H1B to further her career. We actually want to go the H1B route but if it doesn't work out we would push for marriage.

3. For "preconceived intent" purposes... we will not lie to the government or immigration officer. When we return back to the US, we will let the officer know if asked that she is interviewing with companies that sponsor H1B and if asked... that perhaps marriage would be an option.

4. This worries us because in these context (both H1B and marriage), there is intent for immigration visa.. correct? The marriage part is obvious but does seeking H1B sponsorship while on F1 OPT visa constitute as visa fraud if she were to be admitted back to the states to continue her OPT?

5. If the H1B employment doesn't work out, then we'd discuss marriage and we were wondering if the immigration officers would cite us for visa fraud. We've been dating for almost a year and our romantic relationship is real (so I do not believe we'd be in trouble for bona fide marriage proof).

6. If we marry in June 2018 and her EAD expires a week after we get married... is it feasible to mail the AOS application in time during this "grace period" of 60 days?

7. These issues would probably go away if we do not travel internationally but we'd like to get your feedback to see if it is even feasible and legal to do this.

 

Thank you so much for your time! 

 

[MiraW 58]

Her situation is almost like mine when I married my husband (USC), you guys are totally fine. 

Btw, to your number 4 question, it's totally legal for OPT holders to seek H1B sponsorship, I thought that's what it's for..... I had my OPT and when I was seeking employment, I always had to ask if the company would be willing to sponsor H1B.

5. No, I didn't bump into this problem at all. 

6. That's totally ok. 

I was also hoping to have my H1B instead of getting married and apply for AOS, part of it was because I really wanted to make it on my own. I also came here for my graduate studies, and sort of wanted to prove I could do it. 

I actually applied for both (H1B and AOS),  we were worried that I wouldn't get selected for H1B (too many applicants, so it's kinda like a lottery process).  

 

May I say it's really sweet that you're asking these questions for your girlfriend. When I was applying for AOS, I was the one searching for info and worried about legal problems (I did everything myself without a lawyer). My then bf (husband now) thought everything would be a breeze. He actually said, "Well I love you, and you love me, I don't see why there'd be any problems." lol

 

Edited January 30, 2018 by MiraW

[Poobee 10]

If your relationship is real, then you shouldn’t be worried. I was on an F1 visa myself, and later was sponsored for an H1B. We got married 4 months after I got my H1-B visa. There were too many restrictions on the H1-B visa, so we opted for marriage and go though the green card process. The only question we got during our interview for the green card was “How did you meet ?”. 

 

Thr immigraiton has changed quite a bit with the new government, so I wouldn’t advise her to go out unless she is enrolled in a PhD program or another program. The F1 visa has some limitations. I had a good friend of mine who went home to visit during summer and had to renew his F1 visa before returning and it was denied the visa. He was even enrolled in a graduate program after his OPT. But again each case is different, and also the country might make a difference. 

 

Marriage is is the best option,  tu don’t rush into it. Some people come on a tourist visa and get married and still get their green card. So, if your relationship is real and you can provide whatever proofs the immigration asks during the process you should be fine.

 

Best of luck!