F-1 OPT terminating soon because of school

[Cowface 5]

Hello.

My partner and I am planning to get married at the end of September in California, since Georgia does not recognize two men getting married is not a marriage.

My question is this,

I came here with F-1 Visa legally in 2007 Summer, graduated (Bachelor's degree) and I am currently on OPT which expires on January 26 in 2014.

Few days ago, my school sent me a letter asking me to transfer to another school (It is a small school) because they still have not been approved for their recertification renewal.

So after August 27, (if they still didn't get approved). My status will be terminated.

I wish I could get married sooner and do all the procedures for AoS filings, but time would not allow it.

Will I be okay if I just stay here without status then file the AoS?

I know I could transfer to somewhere else but it takes time and money and I don't think it is really the best choice that I have in the mean time.

Should I just wait to get married regardless of my status?

Thanks everybody for the help

[Penguin_ie 5,993]

**** Moving from AOS from Family Visa to AOS from Student Visa ***

While you don't have a status here, you can technically be deported. It is very unlikely this will happen unless you come to the attention of police though, and overstay if forgiven when AOSing after marriage to a US citizen.

[Cowface 5]

**** Moving from AOS from Family Visa to AOS from Student Visa ***

While you don't have a status here, you can technically be deported. It is very unlikely this will happen unless you come to the attention of police though, and overstay if forgiven when AOSing after marriage to a US citizen.

Thank you for the reply Penguin_ie

I am marrying to a US citizen.

It is because I was advised by two different individuals with different opinion.

One asked me to transfer to another school while waiting for the marriage, however the other asked me to just wait because it is not a big deal because I am marrying a United States citizen.

But I understand your concern.

[Harpa Timsah 13,258]

Why don't you get married and file earlier? What are you going to do for work?

Edited July 28, 2013 by Harpa Timsah

[Cowface 5]

Why don't you get married and file earlier? What are you going to do for work?

We are trying to push it much earlier but it is impossible for both of us to get spare time to fly over to a state where gay marriage is legal.

The last weekend of September is the most desirable time for both of us.

I am not sure about the work that I have with my current EAD. The school only mentioned my OPT will be terminated if they don't get renewal in proper time.

[Harpa Timsah 13,258]

Ah... well if your OPT is terminated then your EAD will be as well, because the EAD is based on you having OPT. The employer may not know it, of course. Does transferring your OPT to another school cost you anything? Because if it is just some odd procedural thing then I would do it, so you won't have any gaps in employment, and also avoid overstay days.

[Cowface 5]

Ah... well if your OPT is terminated then your EAD will be as well, because the EAD is based on you having OPT. The employer may not know it, of course. Does transferring your OPT to another school cost you anything? Because if it is just some odd procedural thing then I would do it, so you won't have any gaps in employment, and also avoid overstay days.

It does cost me because I enroll to another new school as a new student. It has nothing to do with my OPT from the previous school.

That's why I feel frustrated.

[Harpa Timsah 13,258]

Well, I don't really understand this explanation then. You are not in school anymore, but your school told you to transfer to a new school. And you say that's not for OPT, that's for being a student? Why would you need to transfer if you aren't a student? You would only do that to keep your OPT, I thought...

Hopefully someone else can help you.

[CaizLurol 36]

Your situation is kind of complicated. I would advise asking an attorney's advice on this. There are many attorneys out there who would give you advice for free if you call. If you PM me, I can put you in touch with one who is located in Newark, NJ and is good.

[Cowface 5]

Well, I don't really understand this explanation then. You are not in school anymore, but your school told you to transfer to a new school. And you say that's not for OPT, that's for being a student? Why would you need to transfer if you aren't a student? You would only do that to keep your OPT, I thought...

Hopefully someone else can help you.

The school said that even if I am on OPT , I am still under student VISA.

I just don't understand them telling me to transfer to another school because as far as I know, short range of overstay is forgiven if you are mpetitioning for AOS through marriage to a US citizen.

[Harpa Timsah 13,258]

The school said that even if I am on OPT , I am still under student VISA.

I just don't understand them telling me to transfer to another school because as far as I know, short range of overstay is forgiven if you are mpetitioning for AOS through marriage to a US citizen.

Yes, the overstay is irrelevant. I was just asking because you are working and I guessed you would want to continue working (maybe I am wrong on that though). If you want to keep working then I would see this thing through or get some legal advice because your OPT and EAD will be cancelled and you won't be able to work.

I still don't understand how you are supposed to transfer when you already graduated. Your school sounds a little sketchy. How did they lapse in their certification? Was it a legit college?

[AnotherLostSoul 167]

What I don't understand how the heck were you an F1 student in a school at the first place that was not even certified? Second, like many others said, you cannot "transfer" as a new student on OPT...you could get a job somewhere else who could then enable you to extend your OPT stay via your school....but OPT is not transferable, and another institution will not accept you as a 'new student' who can be on OPT. That is not correct. You just stay at your school and ask them how they issued you your I-20 and hence F1 visa if they are not even certified. Also, Harpa may have asked you all these not because of overstay bad or not, but because F1 students particularly can get very easily picked up by ICE. I've read on this forum many times how ICE literally showed up on their house/apt. door to deport the F1 student who just terminated his/her status. It's like worse than a tourist, or a J1 holder. F1 students are in the system and every minute (not literally) they get checked if they have registered full time, if they continuing their studies, if they work out of campus without permission, if they have maintained a good academic standing etc. And as soon as they drop their courses, or fall out of status ICE gets a lovely warning and they stand up and show up at your door and deport you. Just scroll through this forum and you'll see how quick ICE is...I would not risk that if I were you. If you cannot file AOS before you terminate your status another option is that you go back to Korea and he will sponsor for CR-1 visa for you. But I am not completely aware how that would work for marriage of same sex. Good luck!

[Cowface 5]

What I don't understand how the heck were you an F1 student in a school at the first place that was not even certified? Second, like many others said, you cannot "transfer" as a new student on OPT...you could get a job somewhere else who could then enable you to extend your OPT stay via your school....but OPT is not transferable, and another institution will not accept you as a 'new student' who can be on OPT. That is not correct. You just stay at your school and ask them how they issued you your I-20 and hence F1 visa if they are not even certified. Also, Harpa may have asked you all these not because of overstay bad or not, but because F1 students particularly can get very easily picked up by ICE. I've read on this forum many times how ICE literally showed up on their house/apt. door to deport the F1 student who just terminated his/her status. It's like worse than a tourist, or a J1 holder. F1 students are in the system and every minute (not literally) they get checked if they have registered full time, if they continuing their studies, if they work out of campus without permission, if they have maintained a good academic standing etc. And as soon as they drop their courses, or fall out of status ICE gets a lovely warning and they stand up and show up at your door and deport you. Just scroll through this forum and you'll see how quick ICE is...I would not risk that if I were you. If you cannot file AOS before you terminate your status another option is that you go back to Korea and he will sponsor for CR-1 visa for you. But I am not completely aware how that would work for marriage of same sex. Good luck!

The school was a certified school by the time I got my VISA, this year is just that they need to renewal their certification again for another 10 years.

[AnotherLostSoul 167]

Well, I believe if this is the case immigration should not deport you or anything and you should be fine. It is not under your control that the school is in the process of the renewal of their certification. Maybe you could call USCIS and ask for an infopass and tell them what is going on. I would be surprise if they don't give exceptions for all those who need to renew their status but cannot at the very moment due to their school system being "down" (due to revalidating their certification). Good luck!

The school was a certified school by the time I got my VISA, this year is just that they need to renewal their certification again for another 10 years.

[newacct 688]

But OPT is managed by the school's international office (i.e. you must report to the school's international office when you start or stop a job on OPT). So it makes some sense that maybe if the school is no longer certified, then it can no longer perform the function of administering the OPT? Thus the OPT must be administered by another school instead? Just guessing.