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I am currently on an F1-OPT visa. My girlfriend and I have been together for two years, share an apartment, bank accounts, etc. I understand the AOS process quite well but we have run in to a hurdle that we need some advice on. We have planned to get married in September. We announced our engagement this January. Originally the plan was that I would remain in the US until we could be married and do a simple AOS.

Unfortunately because of a death in the family, I had to return home for a few weeks. My concern now is that if I re-enter the country on my current F1-OPT, that because we have existing plans to marry, it would be against immigration laws.

We want to do the right thing. Now that we have intentions to marry, is there no way that we can do an AOS while on an F1 visa?

The only solution I can see is to marry as planned in September, and then return to my home country and apply for a K1 visa...

Any help on this would be appreciated!

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Filed: Citizen (apr) Country: India
Timeline

AOS can be risky when your intention are clear enough to get married. To be safe side, if you guys plan to get married, then apply for CR-1 route.

K1 is a fiance visa, and it will be void if you guys get married.

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You have been in the US on a long-term visa and have used that visa for its primary purpose - studying. I'd quit hanging out online and scaring yourself.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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