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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?

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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.


“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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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?

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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.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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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 by mallafri76

Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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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.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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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 by aaron2020

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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.


“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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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.

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