My girlfriend of 4 year's OPT is expiring in February 2012, and it's about that time...

[Mdia9001 0]

I've been dating my girlfriend for 4 years. She was here from 2007-2010 on a Student Visa, and has been working on OPT since then. Her OPT expires in the beginning of February 2012, and I'm currently exploring options. I planned to propose to her in November or December of this year, but I've been swamped in the process of buying a business and a house for myself, and we'll both be transitioning into something of a new lifestyle in the coming months, so I'm exploring my options relative to all that, coupled with the 4 months and change she has left here.

Marriage still seems like the logical option at this point, but I honestly don't know how these matters work in our situation; when I'd have to propose by, if her becoming my fiance and applying for a Fiance Visa will extend her window to allow for adequate wedding planning and marriage counseling, not to mention the big transition we're heading into with my business acquisition and moving to a new home. There's just a lot going on in our lives right now, and I really don't want to rush into a wedding if we don't have to.

In summary, my first question, if we were to go the marriage route to quell the stress of the looming time limit, how fast do I need to act on this, and what needs to be done so that she doesn't have to pack up and leave in February? I know in most cases, the hardest part is getting the significant other into the US for marriage, so given that she's already here legally, I'm hoping that makes this less difficult and more timely.

Now, on the other hand, come next month, I will own my own business, which she'll be working with me at. If I find that things will have to be too rushed to get married before February, would I be able to sponsor her as an employee? The fees shouldn't be an issue, though I'd be interested in how much they would be, and how long it would take. Lastly, would she need to work full-time to be sponsored, or would part-time work? Either way can be arranged.

If I could just pay and sponsor her as an employee of my new business, and take time to plan out a nice and memorable wedding, have adequate time for settling into the new business and home preparation, and time for marriage counseling, that would be more than ideal, as well.

These are the two best options I could come up with, and unfortunately, I really don't know enough about either, so I turn to the experts here for opinions and information.

Thank you all in advance for your time and help!

[polar1979 4]

Propose to her and get married NOW, get married at a court house in front of a judge (no big wedding nesessary, you can have that later when you're ready). After you have the marriage certificate in hands, file the I-485 Adjustment of Status with I-130 and I-765 and I-131 (optional), and she will get her green card by Febuary, good chance she won't have to quit her job at all. The sooner the better, these days USCIS takes only not more than 4 months to process a green card application. Even if she doesn't get her green card by feb, she will get the work permit (I-765) way.. sooner than feb anyway.

Read the guide on this website http://www.visajourney.com/content/i130guide2 everything you need to know is on there.

Good Luck.

Edited September 21, 2011 by polar1979

[Mdia9001 0]

Thank you very much for the prompt and helpful reply, polar!

Do you see this as being the only solution? I ask because things are so hectic at this time that I don't think we'd even be able to pull off a quick courthouse marriage until November, at the earliest; would that be too late? I should also add that it would be no big deal if she left her OPT job, as she's planning too in the coming months, anyway.

I'm sure this isn't the best place to ask about sponsoring, but if anyone has any info on that, that would be much appreciated, as well!

Edited September 21, 2011 by Mdia9001

[polar1979 4]

No...trying to hire her is even more complicated, even takes much longer and she has to go back to her home contry to have an interview at the US embassy there.

Let me break it down for you

To hire her as an employee is to apply her an H1B visa or any other employment based visa.

1. To be eligible for H1B, the applicant (in this case, it's her) has to have an extraordinary skill that's very hard to find someone here in the US with that skill, such as Doctor (esp. surgeons), Engineer, Scientist, Computer Programer, ect.

2. The company that wanting to hire the applicant has to get approved by the US Department of Labor to file for an H1B petition with USCIS. To get approved, you have to put up a job ad with the DOL for a certain time until no qualified candidates showing up interested in the job. That's when the DOL's goning to issue you an approval notice to file H1B petition.

3. After that you have to file I-129 form (Petition for a Nonimmigrant Worker)to the USCIS with all the required evidences listed in the I-129 instruction read more at http://www.uscis.gov/i-129

4. After USCIS approved your petition, now your gf has to go back to her contry to an interview at US embassy there.

Estimate time is about 6 months for this process.

Marrying her is the easiest and quickest way. You don't have to marry her like RIGHT NOW, I think, since you said her opt is up in Feb, the deadline you have to marry her is about mid of Jan, and then assemble the I-485+I-130 package right away and send it out, as long as you get the NOA 1 (Notice of Application Recieved from USCIS) before she's out of status, you are fine!

And a warning here, DO NOT ever hire her to work with your company until she get her Work Permit (EAD : Employment Authorization Document)from the approved form I-765. Working without the EAD can screw up her green card application. I don't know much about the OPT thing, but I doubt it makes her eligible to work with ANY employer.