could not find a answer

[steveg 0]

my main question is this. My fiancee is on a F-1 visa but is on her OPT. shes working but not in school anymore she graduated last june.. Her OPT runs out in July and her F-1 i guess is invalid since shes not schooling anymore but her passport says September 2008.. My question is lets say we get married in june and i get out the forms for the adjustment of status but they dont get put in the system before here OPT runs out is that goign to be a problem later on or it only matters that we are married before her status expires..

she intially came here as an aupair from germany i belive on a J1 then she obtained a student visa and filed for a OPT after graduating. I know once we file for AOS she wont beable to go home for visting inless she gets advanced parol but again my main question is this if her OPT expires before the AOS paperwork is in the system will that cause any problems later or does it just matter that we got married before her status expires.. im not worried about proving that its just an intent to stay here. i mean i have plenty of joint bills as cell phones and credit cards for at least 2 years and we have also filed our taxes together the last 2 years. so.

thanks for your help

-steve

[TimsDaisy 0]

Assuming she entered the country before she even met you without the intent of marrying and remaining (like, she came in validly under a valid visa and hasn't violated any terms yet), then you should marry her ASAP and put in your AOS papers. At that point, she'll be okay and in compliance. She won't be attempting to use whatever might be a valid or invalide J1 or F whatever or OPT (I don't even know what that is). She'll be embarking on a whole new set of requirements. This is an okay way to proceed. The thing you'd need to be worried about is the government thinking she was trying to commit fraud under the other visas, so just have plenty of evidence of the validity of the relationship.

Yes, she'll have to remain in the US for the advance parole to leave and come back without having to get a K3.

It sounds like you'd have the paperwork to back up the fact that you have a legitimate relationship.

In case it isn't clear though - she should NOT leave the US right now. That's probably a guarantee that she'll have to wait through a K1 or K3 process.

Go get thee hitched and then get all your stuff filed and you should be okay. That's my understanding of things anyway.

[MPGGPM 0]

my main question is this. My fiancee is on a F-1 visa but is on her OPT. shes working but not in school anymore she graduated last june.. Her OPT runs out in July and her F-1 i guess is invalid since shes not schooling anymore but her passport says September 2008.. My question is lets say we get married in june and i get out the forms for the adjustment of status but they dont get put in the system before here OPT runs out is that goign to be a problem later on or it only matters that we are married before her status expires..

she intially came here as an aupair from germany i belive on a J1 then she obtained a student visa and filed for a OPT after graduating. I know once we file for AOS she wont beable to go home for visting inless she gets advanced parol but again my main question is this if her OPT expires before the AOS paperwork is in the system will that cause any problems later or does it just matter that we got married before her status expires.. im not worried about proving that its just an intent to stay here. i mean i have plenty of joint bills as cell phones and credit cards for at least 2 years and we have also filed our taxes together the last 2 years. so.

thanks for your help

-steve

While she is doing her OPT, she is still here legally in the USA. She is not out of status. And , even if she was, there are many people who apply to do AOS for their spouses when they have even "overstayed" a visa, and are successful (tourist visa, student visa, etc...).....some have overstayed for quite a while as well....even years. Their visas were expired.......your fiance is not even in that situation.

I wanted to mention, that although an aupair does not usually have the J-1 2 year HRR, I would still doublecheck everything she has in regards to the J-1 she originally entered on. (check her DS-2019/IAP-66 to make sure she is not subject ....also her passport.....).

I also copied a link below from a good forum that discusses F-1 issues. You might try asking your questions there as well.

http://www.immigrationportal.com/showthread.php?t=115661

Edited March 12, 2007 by MPGGPM

[meauxna 15]

How have you jointly filed your taxes if you are not yet married?

" if her OPT expires before the AOS paperwork is in the system will that cause any problems later or does it just matter that we got married before her status expires"

Getting married is not enough to make her status legal. Getting married and submitting her AOS application before her OPT expires does. From that point, she's no longer on OPT, but is 'pending adjustment'. She can apply for a full work permit with the AOS and maintain or resume her work with that, but it takes about 3 months to receive.

TimsDaisy: OPT = Optional Practical Training, a limited work period for grads to get some real life experience after their F-1 student visa studies are complete.

[steveg 0]

How have you jointly filed your taxes if you are not yet married?

well since i have my own place and she lives here and under the f-1 she was only allowed to make so much a year i was able to claim her as a dependent.