marrying Thai woman on a F1 visa

[Dawson Brewer 0]

Hello all,

 

I'm new to this community and struggling with the situation I'm currently in. I'm hoping to get some help. I'm currently serving in the US Air Force and have been with my girlfriend for over a year. She's from Thailand and is currently still on her F-1 Student Visa until next year. The problem is that I deploy in Jan. to Iraq and will return around the time her visa expires. We're planning on getting married then, but we're concerned that the process of getting a green card will take longer since we'll be moving to Texas a little after I get back. That and she won't be able to apply for another work permit, so I'd have to provide for the both of us potentially for the next year or two until she gets the green card. Is there a way she can apply for another work permit while waiting for a green card? Also, what's an appropriate timeframe this whole process will take? Any suggestions and tips would be greatly appreciated.

[AffableAndy 107]

You have a few options if she is on an F-1:

- she will get a year of OPT (and up to two additional years if she is getting a STEM degree) with her student visa. If she wants to take advantage of this, she should start looking for a job in her field in Texas NOW. Her school's international office will let her know what the deadlines and such are. You can get married and adjust status while she is on her student visa.

- If working right away is not a huge concern, then the two of you could just marry and file to adjust status within 60 days of her graduation date. As soon as USCIS receives the I-485 paperwork (look at the guide on this site), she will be in a period of "authorized stay" despite her visa expiring. Along with the application for permanent residency, she can file for employment authorization and a travel document. While this will mean a few months of unemployment while she waits for the documentation to come through, this will buy her some more time to find a job.

Visa overstay is forgiven for the spouse of a US citizen, but it would be good to avoid it if at all possible. Marrying by itself provides no benefits - you must file the paperwork. You should look at the forms and such and begin gathering documents asap.

The approximate timeframe depends on where you live - you can look up processing times for I-485 at the USCIS office closest to where you will be. She should get her employment authorization in about 6 months, but if she gets a job offer before her EAD comes she can request an expedite. There is also the option of her going home and applying from there, but that is going to be much slower and unnecessary in your case.