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Married on OPT, can I travel? Help!

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Help!

My Fiancee is on an F1 visa and we will be married in March (next month).

She has applied for OPT.

Can she travel out of the country in May and return to the US on the OPT visa?

We cannot change the travel date in May and a Advance Parole would take too long.

Thanks!

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Do you have an I-485 filed?? If so then don't travel without AP document.


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Do you have an I-485 filed?? If so then don't travel without AP document.

yup, can only agree, if you get married and immediately file for AOS you need to have AP or else your fiance will be considered abandoning her application and case will be closed and you will have a hard time to make her a permanent resident - why? With filing AOS you will lose the F-1 student status and if you guys travel abroad they may let her in as a tourist, but people are having more and more a hard time to do AOS from a tourist with visawaiver program.

Just my thoughts - ...and still congrats on your engagement and hope you have a nice wedding coming up :)

Maxximus


10/13/2010 - Mailed in The Package (AOS, I-765, I-130)

10/17/2010 - USPS confirms delivery to USCIS

10/25/2010 - Check cashed

10/26/2010 - All applications been worked on aka touched

10/28/2010 - NOA1 Receipts for applications received

11/24/2010 - Received appointment for biometrics in the mail for 12/17 *yay*

12/17/2010 - 9.25 a.m. - 9.45 a.m. Biometrics done !!

12/23/2010 - EAD Approved and Card on its way - Email notification received *yay*

01/03/2011 - WOOOHOOO ...EAD Card in Hand!

01/04/2011 - Oh boy....Received Interview Letter today - February 3rd is the day! :)

02/03/2011 - Interview scheduled 12:45 p.m. - out of there before 1:30 p.m. - further review

Coming home, checking for touches at 5:30 p.m. - CARD PRODUCTION ORDERED !!!!

Thank you All on Visajourney for your inputs, experiences and thoughts!!!

02/09/2011 - Yup another e-mail saying that my card production was ordered.

02/10/2011 - E-mail notification "Approval letter was sent today"

02/14/2011 - Welcome Letter / Approval NOA and Card (separate envelope) received!!! :D

Late November 2012 (have to look up my receipts ;) - mailed in ROC I-751

12/12/2012 - NOA 1, status extension received

12/18/2012 - Biometrics appointment letter received

01/08/2013 - Biometrics done

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Thanks for the response. No, we have not filed a I-485. I wanted to know my options first. So my question, can she return to the US on an OPT? We are not married yet, but could delay our wedding to accommodate the travel.

yup, can only agree, if you get married and immediately file for AOS you need to have AP or else your fiance will be considered abandoning her application and case will be closed and you will have a hard time to make her a permanent resident - why? With filing AOS you will lose the F-1 student status and if you guys travel abroad they may let her in as a tourist, but people are having more and more a hard time to do AOS from a tourist with visawaiver program.

Just my thoughts - ...and still congrats on your engagement and hope you have a nice wedding coming up :)

Maxximus

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She can travel on OPT, as long as she has a valid travel signature in her I-20 and has received her EAD card. I don't know it the marriage alone affects that, if you don't file for any paperwork - I wouldn't think so.

But, as an F-1 on OPT, with the signature and EAD, traveling is fine. However, if she has not received her OPT approval and EAD before the trip, then it is more tricky.. my university's int' student advisers strongly discouraged traveling with a pending OPT application.

Edited by Mrs.Finland-USA

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Also if she enters the country after the trip on F-1 visa and suddenly adjusts status, you coule have issues with intent further down the road.

Bear in mind, to enter the US even while on OPT, you must have a valid F-1 visa!

Also if she enters the country after the trip on F-1 visa and suddenly adjusts status, you coule have issues with intent further down the road.

Bear in mind, to enter the US even while on OPT, you must have a valid F-1 visa!


12/01/2010: Married!
12/14/2010: Mailed AOS Packed to Lockbox
12/23/2010: USCIS Receipt notice for I-485/I-130/I-765/I-131
01/05/2011: Successful biometrics walkin at Charleston WV office!
03/04/2011: EAD and AP combo card in hand.
04/21/2011: AOS Interview at Norfolk local office. APPROVED & Card production ordered!
04/25/2011: Welcome to the US letter received in mail.
05/02/2011: Green Card arrives in mail!

----------------------------------------------------------------------------------------------------------------------

01/29/2013: NOA received for I-751 form submission (joint)

02/22/2013: Walk in biometric (appt. for 03-05-13)

06/25/2013: I-751 approved!

06/29/2013: 10yr Green Card received in the mail!

----------------------------------------------------------------------------------------------------------------------

08/18/2015: Mailed N-400 application

08/28/2015: NOA for N-400

09/14/2015: Biometrics appointment for N-400

02/02/2016: Interview for N-400. APPROVED!

02/18/2016: Oath ceremony!

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F1 is a non immigrant visa.


“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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OPT is not meant for travel, if she will leave the country on OT she will not be allowed to entry again. OPT is not meant for traveling, most likely officers will challenge her saying her studies are over and anyway she will be returning back to her home country.

Almost true. Students can travel while on OPT if and only if they also have a valid F-1 visa for entry into the US.


12/01/2010: Married!
12/14/2010: Mailed AOS Packed to Lockbox
12/23/2010: USCIS Receipt notice for I-485/I-130/I-765/I-131
01/05/2011: Successful biometrics walkin at Charleston WV office!
03/04/2011: EAD and AP combo card in hand.
04/21/2011: AOS Interview at Norfolk local office. APPROVED & Card production ordered!
04/25/2011: Welcome to the US letter received in mail.
05/02/2011: Green Card arrives in mail!

----------------------------------------------------------------------------------------------------------------------

01/29/2013: NOA received for I-751 form submission (joint)

02/22/2013: Walk in biometric (appt. for 03-05-13)

06/25/2013: I-751 approved!

06/29/2013: 10yr Green Card received in the mail!

----------------------------------------------------------------------------------------------------------------------

08/18/2015: Mailed N-400 application

08/28/2015: NOA for N-400

09/14/2015: Biometrics appointment for N-400

02/02/2016: Interview for N-400. APPROVED!

02/18/2016: Oath ceremony!

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