Looking for advice on marrying a person on student visa.

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My girlfriend came to the US in 2013 on a student Visa and began her studies here. We met in 2014 and started dating then. She is going to graduate soon and has applied for OPT and should get that around September. I have fallen in love with this girl and want to marry her. We have been discussing it lately and we both want to marry. Here is where my questions arise.

The OPT has a limitation in that you must find work within 90 days. She has been applying to places, but it has been hard for her to get interviews even with her great qualifications. And the interviews she has had so far have turned the job down. I think it has to do with the company not wanting to hire someone that they think will leave in a year. I don't want to see her go back and would like to marry her for her to stay if she is unable to find a job. I want to marry her anyway, although I didn't exactly imagine it would be this soon, but I would have no worries about doing it sooner.

My question is if we get married what Visa/applications/paper work do I apply for? And can she stay in the country legally while it is being processed?

So for example, It is day 35 of the OPT's time period and we get married with 55 days left on the OPT time limit. I apply for whatever is necessary and it begins processing. She is unable to find a job in the next 55 days and the OPT time limit is surpassed and the paper work is still processing. Can she still stay here legally?

[Boiler 43,381]

Marry and adjust, we have a separate form that covers this and also a Guide.

It will take up to 90 days to get temporary work authorisation, EAD, after you file then no OPT etc needed.

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Marry and adjust, we have a separate form that covers this and also a Guide.

It will take up to 90 days to get temporary work authorisation, EAD, after you file then no OPT etc needed.

But can she stay here legally while the paper work is going through for the adjust? Also, what adjustment would it be?

[arken 4,197]

No, she cannot stay legally if her 90 days OPT period is over and if she has not received EAD from your petition by that time. If you are a US citizen, even if she overstays, it does not matter, she will get GC. In any case, if you think her getting job with current OPT is very slim, she can stay in legal status by taking classes in community colleges till she gets EAD from your petition.

[mallafri76 1,012]

Yes, she can legally adjust from a student visa if you marry. Below is a link to the adjustment of status forum. They are going through this process and will be able to give you more specific advise:

http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/

Edited July 23, 2015 by mallafri76

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Given the example scenerio that I posted, she can stay, correct? I know you all are she can legally adjust. I just want to make sure she can stay legally while it is adjusting.

[arken 4,197]

I said NO and am again responding to your circumstances "So for example, It is day 35 of the OPT's time period and we get married with 55 days left on the OPT time limit. I apply for whatever is necessary and it begins processing. She is unable to find a job in the next 55 days and the OPT time limit is surpassed and the paper work is still processing. Can she still stay here legally?"

Once you file all required application for her, if she gets EAD or her EAD is approved before that 55 days are over, her stay is considered legal as she can now legally work with EAD. If she does not get EAD by that time, her stay is called out of status or overstay if not illegal. She can stay but not with a legal status. However, since you are a US citizen, she will get GC even if she overstays.

[aaron2020 11,651]

Hi,

Please ignore Arken. He is wrong. Once you file the AOS, she is authorized to be here. Filing For AOS authorizes her to be here; the EAD/AP has nothing to do with her authorized time.

There are 2 issues; legally being here and the ability to legally work.

Once you marry and file for AOS, she is authorized to stay here. It's best to do this before her 90 days OPT job search period is over so she does not out-of-status. Even if she overstays, it would be forgiven for the spouse of a U.S. citizen.

Legally working. If she finds a job during the OPT period, then she can work. Once her OPT period expires, she will have to wait to get her EAD/AP card (filed with AOS) to legally work.

Best of luck

Edited July 23, 2015 by aaron2020

[Boiler 43,381]

But can she stay here legally while the paper work is going through for the adjust? Also, what adjustment would it be?

Of course she can, not a problem.

She would be adjusting to permanent resident.

[carboncube 0]

Hi,

Please ignore Arken. He is wrong. Once you file the AOS, she is authorized to be here. Filing For AOS authorizes her to be here; the EAD/AP has nothing to do with her authorized time.

There are 2 issues; legally being here and the ability to legally work.

Once you marry and file for AOS, she is authorized to stay here. It's best to do this before her 90 days OPT job search period is over so she does not out-of-status. Even if she overstays, it would be forgiven for the spouse of a U.S. citizen.

Legally working. If she finds a job during the OPT period, then she can work. Once her OPT period expires, she will have to wait to get her EAD/AP card (filed with AOS) to legally work.

Best of luck

Yes his responses confused me as it seemed to conflict with other things I have heard and read. Thanks for clarifying.