F1 undergraduate student marrying US citizen

[Nicci 0]

My son and his fiancé attend the same undergraduate school. Fiancé is a F-1 undergraduate student from Brazil graduating in May 2025 who intends to go to grad school at same university if she can secure funding. They plan on getting married and we want to ensure when and the subsequent steps they take do not create any unexpected problems. They would like to travel outside the U.S> possibly during a part of the summer and breaks during grad school. They are considering marring soon and filing the I-130 petition and Adjustment of Status (AOS) immediately after marriage. 

Questions:

1. Should they file the I-130 and AOS right after marriage or wait until closer to their May 2025 graduation?
2. How would this affect her F-1 status, and can she maintain it during the AOS process, can she also participate in Optional Practice Training between undergrad and grad school?
3. Will she be able to travel to Brazil while her AOS is pending? Would she need to apply for Advance Parole?
4. When can she apply for an Employment Authorization Document (EAD) after filing the I-485?
5. Would delaying the marriage until new I-20 obtained for grad school be better?

Thanks in advance for any info / advice. 

[Dashinka 24,377]

2 hours ago, Nicci said:

My son and his fiancé attend the same undergraduate school. Fiancé is a F-1 undergraduate student from Brazil graduating in May 2025 who intends to go to grad school at same university if she can secure funding. They plan on getting married and we want to ensure when and the subsequent steps they take do not create any unexpected problems. They would like to travel outside the U.S> possibly during a part of the summer and breaks during grad school. They are considering marring soon and filing the I-130 petition and Adjustment of Status (AOS) immediately after marriage. 

Questions:

1. Should they file the I-130 and AOS right after marriage or wait until closer to their May 2025 graduation?

They can, and that gets the clock moving on an eventual GC.

1. How would this affect her F-1 status, and can she maintain it during the AOS process, can she also participate in Optional Practice Training between undergrad and grad school?

Until the AOS is decided, it should have no impact, and after she receives her GC, she is authorized to work.

1. Will she be able to travel to Brazil while her AOS is pending? Would she need to apply for Advance Parole?

She would need AP to be able to travel outside the US without abandoning her AOS.

1. When can she apply for an Employment Authorization Document (EAD) after filing the I-485?

She can submit the I765 and I131 with the AOS package.

1. Would delaying the marriage until new I-20 obtained for grad school be better?

This is up to them.

 

Thanks in advance for any info / advice. 

Good Luck!

[Scott-Ilyn 81]

I would have your son ask the questions on this site.  He will be the one responsible for all immigration decisions made.

[pushbrk 12,821]

7 hours ago, Scott-Ilyn said:

I would have your son ask the questions on this site.  He will be the one responsible for all immigration decisions made.

I agree.  Also, questions about maintaining student status should be asked at the college.  Expect this topic to be moved to the correct forum.

 

[Lil bear 4,155]

Moved to AOS from a student visa as this reflects OP question