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buzzair
I posted these questions in the intro thread but realized they should be posted here.

I read the FAQ's and Guides but I'm still left with some questions. Come this May, when I graduate, (1 month before the wedding) I have a year's grace period called the OPT (Optical Practical Training) where I am given a years grace period to work in the US.

My question is...should I apply via my soon to be spouse or though my future employer? Is one more quicker or effective than the other? I believe I qualify under the EB1 or EB2 categories and should not have a problem meeting the requirements.

Or perhaps I should go ahead with the K-1, 90 days before the wedding? Then adjust it after the wedding?

Is it advised to get a lawyer or can all this be done on my own? As you can see, I'm new to this and have a lot of questions. I'm eager to get answers and get started.
Delicia
Hey, welcome! I can't answer any of your questions as I know nothing about student visa issues, but wait it out, really smart people will come along soon and fill your head with all kinds of information. good.gif
IR5FORMUMSIE
QUOTE(Delicia @ Nov 18 2007, 05:09 PM) *
really smart people will come along soon and fill your head with all kinds of information. good.gif

Well, there are some really smart people in this forum, unfortunately you got me. smile.gif With respect to your question, it's a bit of a push. I'd go with the spouse since EB1s and EB2s can take a bit of time. I thought that you needed a PhD for the EB1 or are otherwise highly qualified but regardless of which visa you qualify for, those categories take a serious amount of work by the employer. It is better to "carry the ball" (to use a football analogy) yourself and use the spousal method. If you have an employer lined up who's willing to do the work then your situation may be different. Keep in mind the provenance of this information, I'm only a simple man without much learnin'. smile.gif
simple_male
QUOTE(buzzair @ Nov 18 2007, 04:32 PM) *
I posted these questions in the intro thread but realized they should be posted here.

I read the FAQ's and Guides but I'm still left with some questions. Come this May, when I graduate, (1 month before the wedding) I have a year's grace period called the OPT (Optical Practical Training) where I am given a years grace period to work in the US.

My question is...should I apply via my soon to be spouse or though my future employer? Is one more quicker or effective than the other? I believe I qualify under the EB1 or EB2 categories and should not have a problem meeting the requirements.

Or perhaps I should go ahead with the K-1, 90 days before the wedding? Then adjust it after the wedding?

Is it advised to get a lawyer or can all this be done on my own? As you can see, I'm new to this and have a lot of questions. I'm eager to get answers and get started.


You should get your permanent residency through your spouse after your marriage. You can not do K-1, CR-1, K-3 while you are in USA. You will have to Adjust your status as a permanent resident from F-1 (or OPT) based on your marriage to a US Citizen.
buzzair
Thanks for the replies so far.

Carrying the ball myself does seem a better option....I wouldn't want to deter any future employers from hiring me if they realize they have to go through a lot of paper work. I don't have an employer officially lined up but I have two different schools who have expressed great interest. My position is very specialized and hard to come by. A male teacher with a masters degree who teaches computers to deaf students using ASL, American Sign Language.

I did not know that one can not do K-1, CR-1, K-3 while in the USA.

I guess my best bet is to apply for the OPT to get that years grace. At the same time, get all the forms I need, fill them all out, and mail them right away after the wedding to adjust my status from OPT to LPR.

Now I'm going to find out what forms I need. Thanks again guys.



IR5FORMUMSIE
QUOTE(buzzair @ Nov 19 2007, 01:23 PM) *
Thanks for the replies so far.
A male teacher with a masters degree who teaches computers to deaf students using ASL, American Sign Language.

Kewl job, great way to serve humanity. good.gif good.gif
zyggy
The best way would be for you to adjust your status on the F-visa once you have married. However, once you do this, do not leave the US until you receive Advanced Parole.

WHen you file your I-485 package, you will need to apply for a new EAD based off of your marriage adjustment and AP document.
buzzair
QUOTE(zyggy @ Nov 19 2007, 05:22 PM) *
The best way would be for you to adjust your status on the F-visa once you have married. However, once you do this, do not leave the US until you receive Advanced Parole.

WHen you file your I-485 package, you will need to apply for a new EAD based off of your marriage adjustment and AP document.


Whew....at this point you may as well be speaking greek....but good to see some new terms and forms I have to look up. Advanced Parole, I-485, EAD, and AP. That's next on the research agenda.


Delicia
Memorize the table of elements, then report back. You will be quizzed. devil.gif
IR5FORMUMSIE
QUOTE(Delicia @ Nov 19 2007, 11:30 PM) *
Memorize the table of elements, then report back. You will be quizzed. devil.gif


Including all lanthanides and actinides? laughing.gif
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