Finally getting Married!

[Amanda626 0]

So...some of you may go through my profile and realize that I was supposed to be married last year! It didn't happen!

My fiance got very ill and we just never went ahead with the wedding. There were a lot of unforeseen expenses and we decided to hold off on getting married. Now, we are finally going to be tying the knot (after 3 years of dating)! I am super excited, my parents will be around (they are visiting)! It won't be a huge wedding because my fiance still hasn't worked since last year and we need all the money we can get...especially since we are going to buy a house right after!

I am pursuing my Master's degree and I will be done at the end of July. I plan to get OPT to start in September. I currently get a stipend at school and I have a job that pays quite a bit of money, even though I work part-time (CPT).

My Questions:

We plan to get married in May. Do you suggest that I go ahead and apply for my OPT before I get married. I can apply for OPT asap and then get married a few days later.

When I apply for AOS, will i still have to apply for another work authorization?

The work authorization I get from my OPT will have a start date of September 1st (at least, that's my plan)

Please any information will be great!

[Little_My 464]

You can go ahead and apply for the OPT, and continue staying in the US and working under OPT work authorization. While on OPT, you can file for AOS at any time. The only real difference between whether or not you file for the OPT at all is that with that, you will be allowed to continue working as normal, and without the OPT you would have to wait for getting the EAD card through your AOS (usually takes 60-90 days from submitting the AOS package).

When you file for OPT, the "start date" is the date the EAD is issued, so you can't influence that. For you it doesn't really matter since you are about to marry an American and file for AOS. Under normal circumstances it means that the OPT clock for 12 months starts running from the day EAD was issues, no matter when you actually find a job, which may mean even if you started work in July or August and your EAD had been issued in May, you will only have 10 months left to work on OPT. But, like I said, that's not really an issue for you.

I am also an F1 masters student currently, and about to graduate in May, but I choose not to apply for OPT at all since I was getting married and filing for AOS. The only minus side for you is that you will end up paying the OPT fees just before filing for AOS - and then paying the AOS fees. OPT does mean extending your F1 visa, which is a non-immigrant visa, so you might want to look at the application forms for OPT and see what those questions are like - i.e. would you have to lie in the forms about your marriage and AOS plans to get the OPT. I have never even looked at the application procedure for OPT, so I have no idea what it entails,but it might be a good idea to look into that first. You will also have to prove sufficient finances to stay here while on your OPT, the same way you originally had to prove you could afford to study here on F1.

I don't think submitting the AOS will invalidate your EAD that you got through the OPT, so my understanding is that you can continue working on the OPT while your AOS is pending. You can apply for a new EAD through the AOS, but I don't think you would have to in your case - on the other hand, by applying for a new EAD through the AOS, you would make sure that in case for some reason your AOS takes longer than average to process, you will be able to work the whole time without having to worry about your OPT expiring.

Filing for the OPT means more paper work and a bit more fees - but if you don't mind that, then go ahead with it!

[Amanda626 0]

Thanks for the reply.

The process for filling out OPT isn't really complicated. I was an F1 student during my undergrad days and I filed for OPT after I graduated and worked for a year.

My main reason for wanting to file for my OPT is that after July, my CPT expires, we plan to send in our forms at the beginning of July and I need to work when I graduate. I don't know when the EAD card from AOS will arrive, so I am trying to have my OPT ready for me to resume work (or the ability to work) in September (after i take a one month, well deserved, break from work and school).

So, what you suggest is that I go ahead and apply for OPT before I get married, right? I am afraid of having a conflict of interest, that is why I am trying to be done with my OPT application before getting married.

[Little_My 464]

Yes, I think it would be better to file for the OPT before getting married, mainly because OPT requires an extension on your F1 visa, which is still a non-immigrant visa - so, a marriage to a USC might make it more difficult. But, if the forms you fill out for OPT do not have a question about whether or not you are married to a USC, then it probably doesn't really matter. Have you talked to the people at your international student services office (int'l advisers, or whatever they are called in your school) to see what they think? A marriage to a USC might not even be an issue, as long as you have not submitted the AOS paperwork before submitting the OPT paperwork.

If you send out your AOS package in July, you most likely would have the EAD through the AOS somewhere between late August - mid September, but it could be later as well, so if you want to make sure you are eligible to work from the beginning of September, then OPT would probably be a good choice.