F-1 holder marrying US Citizen

[Iris777 0]

I am in international student in the US on track to graduate May 2021. My fiancée, a US citizen, and I are about to get married as I am still in the country. We want to commemorate our love and have this in person while we can. 

 

Which leads us to the question of what type of visa we will file for if we are looking to immigrate me (the foreign spouse) to the country after having married on US soil before my current visa expires. Does anyone have an idea or any advice?

[SteveInBostonI130 3,483]

I-130 spouse

[iy2020 118]

Are you planning on leaving the country after you graduate? Because you could always do adjustment of status from within the US, unless you want to depart the US and wait for the process abroad.

 

If you go the adjustment of status route, you would need: I-130/A, I-485, & I-864, plus I-765 & I-131 that are not required but recommended. See the below guide.

 

 

[aaron2020 11,651]

You can marry in the US and file to adjust status for a green card in the US.  By filing to adjust status in the US, you do not have to leave the US.  

 

Do you want to or need  to leave the US?   Are you willing to stay here for 6-8 months to get permission to leave and come back to continue your adjustment of status?

Edited March 18, 2021 by aaron2020

[Crazy Cat 42,307]

Be aware of the restrictions if you adjust status.

[Iris777 0]

@aaron2020 @iy2020 I don’t plan to leave the US at all, but I wonder if I would have to since my F-1 will expire by then? Would I be eligible to file for status adjust even if by then I don’t have my student status anymore? 

[iy2020 118]

2 minutes ago, Iris777 said:

@aaron2020 @iy2020 I don’t plan to leave the US at all, but I wonder if I would have to since my F-1 will expire by then? Would I be eligible to file for status adjust even if by then I don’t have my student status anymore? 

You wouldn't need to leave. I would just recommend filing ASAP because your AOS receipt would be proof that you are in period of authorized stay, even if your student status expires. But even if you do overstay while sending out your AOS forms, overstays are forgiven for spouses of USCs.

 

The downside of AOS is that you wouldn't be able to work or travel until you receive your employment authorization and advance parole, and that's currently taking several months. But at least you'd be able to wait it out in the US with your future spouse.

[aaron2020 11,651]

6 minutes ago, Iris777 said:

@aaron2020 @iy2020 I don’t plan to leave the US at all, but I wonder if I would have to since my F-1 will expire by then? Would I be eligible to file for status adjust even if by then I don’t have my student status anymore? 

It will not matter if your F-1 status is expired.  Even if you overstay, you could file to adjust status as the spouse of a US citizen without any problems.

When do you intend to marry?

 

After you file for your EAD and AP with your adjustment of status (AOS), it will take you 6-8 months on average to get them.  You will not be able to work or leave the US without abandoning your AOS until you get your EAD and AP respectively.  

 

After you file for AOS, you will be authorized to stay in the US.  Your F-1 status expiring will not matter.  

[Crazy Cat 42,307]

25 minutes ago, Iris777 said:

@aaron2020 @iy2020 I don’t plan to leave the US at all, but I wonder if I would have to since my F-1 will expire by then? Would I be eligible to file for status adjust even if by then I don’t have my student status anymore? 

Once you are out of status, you are subject to removal.....However, once you file a proper I-485, you will be granted "authorized stay" in the US until the I-485 is approved or denied.  Therefore, it is best to minimize or eliminate any period being out of status before filing for adjustment of status.  Best solution is to marry and file for adjustment before your legal status expires. Be aware that you will not be able to leave the US or work for (probably) 6 months or more.  Good luck.  

Edited March 18, 2021 by Lucky Cat

[Mike E 11,742]

If you fiancee can afford to support you until you get your green card, do AOS from inside the USA. This means that you cannot leave the USA until you get your Advance Parole document. 

[Iris777 0]

33 minutes ago, Lucky Cat said:

Once you are out of status, you are subject to removal.....However, once you file a proper I-485, you will be granted "authorized stay" in the US until the I-485 is approved or denied.  Therefore, it is best to minimize or eliminate any period being out of status before filing for adjustment of status.  Best solution is to marry and file for adjustment before your legal status expires. Be aware that you will not be able to leave the US or work for (probably) 6 months or more.  Good luck.  

Does that apply for even jobs that i might end up doing as OPT post graduation? Or any job I am doing now on campus as a student?

Edited March 18, 2021 by Iris777

[iy2020 118]

3 minutes ago, Iris777 said:

Does that apply for even jobs that i might end up doing as OPT post graduation? Or any job I am doing now on campus as a student?

As long as you abide by the rules of your F-1, you remain in status and you can continue your on-campus job even after you file for AOS (that's my current situation!). The same thing should apply when talking about OPT, although I don't have any personal experience with that. Have you already applied for OPT?

[aaron2020 11,651]

13 minutes ago, Iris777 said:

Does that apply for even jobs that i might end up doing as OPT post graduation? Or any job I am doing now on campus as a student?

You can use the EAD from OPT to work.  You can use this EAD to only work at your OPT job.

You will need to apply for a second EAD with your AOS; this EAD is free when you file for AOS.  Once you get this EAD, you can work for anyone you like.  

Edited March 18, 2021 by aaron2020

[SusieQQQ 11,587]

9 minutes ago, Iris777 said:

Does that apply for even jobs that i might end up doing as OPT post graduation? Or any job I am doing now on campus as a student?

Your posts are a little confusing because by doing OPT you would have to still be in F1 status, but you say F1 is going to expire? As long as you maintain all the conditions of your visa/status, if it allows you to work (as F1-OPT does) then you can work. If you violate any of the terms of the F1, or you allow your status to expire, then you would automatically roll into adjustment pending if your i485 has been accepted. If this latter you are in a period of authorized stay but not authorized to work until you get an EAD.
 

Note that while maintaining F1-OPT status would allow you to work at a suitable OPT job, it still does not allow you to travel outside the country without abandoning adjustment - you’d still need to wait for AP for that.

[aaron2020 11,651]

Just now, SusieQQQ said:

Your posts are a little confusing because by doing OPT you would have to still be in F1 status, but you say F1 is going to expire? As long as you maintain all the conditions of your visa/status, if it allows you to work (as F1-OPT does) then you can work. If you violate any of the terms of the F1, or you allow your status to expire, then you would automatically roll into adjustment pending if your i485 has been accepted. If this latter you are in a period of authorized stay but not authorized to work until you get an EAD.
 

Note that while maintaining F1-OPT status would allow you to work at a suitable OPT job, it still does not allow you to travel outside the country without abandoning adjustment - you’d still need to wait for AP for that.

It's not confusing.

F-1 status ends if she can not get an OPT job.  If she gets an OPT job, then her F-1 status continues until she no longer qualifies for OPT.