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Posted

I am looking for recommendations on the best course of my timeline. 

 

I am a Canadian International Student in the US - I am currently an F1 Visa holder. My F1 is set to expire Dec 2020 - I am currently working on my dissertation and plan to graduate with my PhD by 12/2020. My current plan is to apply for OPT w/ a December start date. 

 

My Fiance is American - we were supposed to get married this July (in Canada) but had to postpone due to covid to next July (in Canada) - I am thinking that the best course of action is to apply for OPT w/ a December start date, get married July  2021 and then file for adjustment of status to permanent resident. We had considered getting married earlier - but my fear is that if I apply for adjustment of status from OPT to permanent resident before July 2021 that I wouldn't be able to leave the US to attend our wedding in Canada? Or would I be able to leave the country still because I will be on OPT status?

 

Would you recommend getting married prior to July 2021 and transferring status from OPT to permanent resident? With still needing to leave the country for our Canadian wedding in July 2021

 

Or would you recommend not getting married until July 2021 at that point transferring status from OPT to permanent resident? 

 

Or is there another option that I have missed? I guess my biggest concerns are that I want to be able to work and I want to be able to travel to Canada to see my family - and I need to be able to leave the US in July 2021 for our wedding. 

 

Thank you for your help!! 

Filed: Country: Vietnam (no flag)
Timeline
Posted

The fatal flaw in your plan is entering the US on a non-immigrant F-1 student visa after your Canadian wedding with the intent to immigrate by adjusting status.  

Get marry now in the US, file for AOS, get your AP or green card, and then go to Canada to have a celebration ceremony.  

Posted

Yeah, you can’t get married in July 21 and return on f1 then adjust..

 

better off getting married here (before returning to Canada) and filing AOS... once you leave, you’d need to file CR1 and await the process outside the us 

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌
Filed: K-1 Visa Country: Wales
Timeline
Posted

Marry asap an file to adjust so you can get EAD and AP asap.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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