Marriage to a U.S. Citizen While on F1 OPT

[jensterk 0]

Here's my story:

I am currently on an F1-OPT visa. I applied for this visa in Feb 2014, got engaged to a USC in March 2014, and was granted my OPT visa in April 2014. I went back to my home country (Canada) after finishing my PhD for 2 weeks in May 2014 to visit family. I re-entered the US end of May on my F1-OPT with a postdoc job starting in June. Problem is, my then-fiance and I decided to get married end of June (22 days after I entered the country) because we had just moved in together. Now we are wanting to apply for AOS for me, but my visa does not allow immigration intent and we got married shortly after I entered on this visa, so I'm wary this will look suspicious. If we wait 90 days to file I-130 and I-485 will that reduce suspicious? I’m not sure if our sudden marriage would be seen as dual intent and visa fraud. Although, the intent for marriage was obviously there (we were engaged), I did not exactly have intent to apply for AOS. My postdoc is only for a year (same duration as my OPT) and I'm not sure what I will do next yet. We still are not sure if we will live in the US or Canada when my visa is up, it depends where I get a job offer (my salary will be higher, so he has agreed to go where I get a job). But we’ve discussed it recently and now think it is best for me to apply for AOS to keep more options open when I am looking for a job and to make it easier to stay in the US if we choose to (and we are now leaning that way). I'm now just worried doing so will make it look like I had intent all along of remaining here.

Thanks in advance for your help!

[dpkiran 0]

You should be fine on this count, as long as you are on legal status you can get married and file for AOS, it will not reflect badly on you. I know a lot of my friends who have been here on F-1 Visa and have gotten married to USC and have filed for AOS.

[Ian H. 207]

You reentered the country to finish your OPT, you are allowed to do that. Now if you had entered on a tourist visa then got married, that would have been an issue. You can wait to file the AOS and I-130 if it makes you more comfortable. It really is up to you guys when you want to file though. Good luck!

[jensterk 0]

Thank you dpkiran and Ian H. for your responses and advice. That makes me feel much more comfortable (and less worried)! I think we will wait and file in Sept/Oct, which should still give plenty of time to have it processed before my OPT expires next June. Thank you again for your help!!