Adjustment of Status(OPT to Green Card) through Marriage US citizen

[moni12 0]

I am on OPT as of now, which expires in Dec 10, 2014, If I apply for my OPT extension now(Sep 2014), I will get 17 more months on OPT. But the twist is, me and my US citizen Girlfriend are deciding to get married this month(Sep 2014). I am confused if I should apply for green card or OPT extension. I am thinking I will be wasting my $380 if I apply for OPT extension. I work with a software company and don't want to stop working for them as I feel I will be out of status after Dec 10 as I wont be able to receive my green card before that.

Please help

[bobcat190E 12]

If you apply to adjust status, you can simultaneously apply for an EAD card (similar to the one you have now for OPT). The EAD card is processed separately from the green card, and is usually approved within 60-90 days. Once you receive it, it will supersede your OPT and allow you to work in the US without restriction while your green card application is pending.

If you could get the application in promptly, it would most likely arrive before your current OPT authorization expires. That would be ideal.

Of course, you are taking a risk as to whether or not it does, in fact, arrive before that date. Up to you.

For reference, I just received my EAD card, about 65 days after the initial application. This is pretty standard.

[bobcat190E 12]

On second thoughts, looking at the dates, I realize now that you would be cutting it really close - to be certain you got the EAD in time, you'd pretty much have to file this week, which I am going to assume you are not in a position to do since you aren't even married yet (it takes a while to assemble the document packet, trust me).

In which case, yes, it looks like it would be wise for you to apply for the OPT extension and then, when you are ready to file in the next couple of months, still also apply for the EAD.

[moni12 0]

So basically you mean I should apply for green card and EAD card(through marriage) , and not apply for OPT extension ?

if this is what you mean, then this is the best situation for me. (it saves my $380 as well).

[bobcat190E 12]

Re-read my second post - I think you are going to have to apply for the OPT extension anyway, because the timing is so tight that you could not be certain that the EAD would arrive before your current OPT expires. It might, it might not.

Again, it's up to you to decide whether or not it is worth taking the risk.

[Pickle 65]

If you decide to get married and file for AOS right now, there is the option to try and expedite your EAD. It is of course not a guarantee that the expedite will be approved. A bit of a gamble I would say, bobcat's suggestion is probably more feasible at this point.

[immi24 0]

In my opinion, you should apply for OPT extension 1st. Once that application is lodged, you can prepare applying green-card through marriage. Why i am saying that is, it takes time to prepare documents for marriage based GC. Even after that it take another 60 days to get EAD. Instead of gambling on that, you should have OPT ext so that you can continue work without interruptions. $380 would be well spent money if you ask me.

[fullglass 5]

Correct me if I'm wrong, but if someone is currently on OPT/CPT, they should have working authorization no? Meaning they would have an SSN for work purposes only. So if the OP decided to get married to a USC and apply for AOS, he would be in pending status (AOS from F1 to PR), meaning technically he is not bound to the conditions of an F1 Student Visa holder any longer, meaning he could theoretically continue working....again, corrent me if I'm wrong.

Also, if the OP is in pending status, he wouldn't have to worry about going out of status. And you don't need the green card to continue working, as that is what the EAD for prior to receiving the green card.

Edited September 23, 2014 by fullglass

[bobcat190E 12]

Correct me if I'm wrong, but if someone is currently on OPT/CPT, they should have working authorization no? Meaning they would have an SSN for work purposes only. So if the OP decided to get married to a USC and apply for AOS, he would be in pending status (AOS from F1 to PR), meaning technically he is not bound to the conditions of an F1 Student Visa holder any longer, meaning he could theoretically continue working....again, corrent me if I'm wrong.

Also, if the OP is in pending status, he wouldn't have to worry about going out of status. And you don't need the green card to continue working, as that is what the EAD for prior to receiving the green card.

No this is false. Immigration status and work authorization are two separate things.

The OPT card authorizes you to work in an occupation related to your course of study for the duration of the period indicated on the card. When it lapses, your work authorization lapses. If you file for AOS, you are in a period of authorized stay as far as immigration is concerned, but until you have received an EAD/AP card, you are not authorized to work.

Edited September 23, 2014 by bobcat190E

[moni12 0]

So basically After Dec 08, when my OPT expires I am not allowed to work? I guess there is a grace period of 2 months but I am not sure if we can work in that grace period or no ?

[fullglass 5]

Okay, I stand corrected.

[bobcat190E 12]

If your OPT lapses, until you get the EAD card connected to your AOS application, strictly speaking you are not authorized to work (the 2 month period does not count). The question is would anyone find out and does it really matter, especially if the gap in work authorization turns out to be short, like a couple of weeks. I am not qualified to answer that question. Your employer should have taken a copy of your OPT card. The date it expires is on there. So technically your employer should know when your work authorization expires, if they bother to check.

Edited September 23, 2014 by bobcat190E

[moni12 0]

Hi I have 2 Questions for all.

1. As I said I am on OPT (Expiring Dec 08 2014), I am going to apply for OPT extension next week but I am getting married tomorrow, Will I lose my OPT status or F-1 Status after getting married?

2. I am thinking of applying for OPT extension next week , but I am worried that they wont process my OPT extension as they will say that you are not on f-1 visa anymore as you are married.

I don't want to apply for EAD( through marriage) as I dont have money to pay for the lawyer and money to file AOS, and all those forms.

Please advice what should I do ?

Thanks

Edited September 25, 2014 by moni12

[Pickle 65]

Moni, so you are not going to file for AOS right now? It sounds like you are only going to apply for the extension for now? Keep in mind that you do not have to hire a lawyer. It is an unnecessary expense. You can do all the paperwork yourself using VJ as your source of information. People tend to use lawyers when they have complicated cases (criminal records, overstay, etc.) Also, applying for an EAD is free with your AOS application.

To answer your question: no, you will not lose your OPT status after you get married. I am also on OPT right now, pending AOS.

[Leo7777 243]

Pickle and others.

I am currently researching this. I have found wording in several other websites as follows:

Getting married to US citizen does not cancel F-1 visa nor cancel an EAD for OPT.

However, filing for AOS DOES CANCEL the F-1 visa and the EAD for OPT.

Once you file AOS, you do not have to worry about being out of status in USA; However, you CANNOT continue to work on the EAD for OPT.

Pickle have you seen info that contradicts what I just wrote above?