F1 opt student getting married to us citizen

[racheldot 0]

Hi ,

So i am a F1 opt visa holder and the opt expires on 29th sep 2016. Me and my bf we have been dating for a year will be getting married sometime in Aug 2016. We are also travelling to India to meet my parent in june-july. Do you think we will have a issues while filing for my AOS after we get married in Aug because my last entry to the usa is so close to the date we decide to get married on?

Do we have to wait a certain amount of time before we decide to get married? Also will i be allowed to be in the country legally after 29th sep 2016.

Will i be able to allowed to work on my current EAD card ?

Thanks a ton in advance all help is much appreciated.

[Mollie09 1,543]

Entering the US on a non-immigrant visa with the intent to immigrate is fraud.

[racheldot 0]

But I still have 2 months of my opt to complete, is that not a valid reason. Say the marriage is not confirmed will that still be considered wrong ?

[andy78 178]

Do you think we will have a issues while filing for my AOS after we get married in Aug because my last entry to the usa is so close to the date we decide to get married on?

If you leave the US to visit India, and you want to come back to the US with the intent to get married in the US, then the only legal way to do this is using a K-1 visa (fiance visa). If you entered using the F-1 visa, then got married a month later and filed for AOS... then it might become obvious to USCIS that you used your F-1 visa to enter the US with the intent to marry, when you should have applied for a K-1 visa while you were visiting India (which is a more complicated and long process).

However, if you have been living in the US for sometime as a student with F-1 visa, and you met your boyfriend while living here, and you did not have the intent to get married during your previous entry to the US, then you can get married and file for AOS.

So, your legal alternative is to get married and finish your AOS process before you go outside the US.

Edited April 7, 2016 by andy78

[jan22 2,898]

Your returning to finish OPT is a legitimate reason for using your F-1 visa to re-enter the US, even if you might have plans to do something after you finish OPT. It is not your immediate reason for entering and your plans to get married may/may not move forward (not saying that is the case -- it's just the view from an immigration standpoint). However, you will not be in the country legally after you finish your OPT unless you have submitted for AOS on/before your authorized stay expires. You cannot use the EAD issued for your OPT after OPT ends; rather, you should file for EAD along with your AOS.

BTW, all of this is based on your boyfriend being a US citizen. If that is not the case, if he's an LPR, the answers will all change.

[Mollie09 1,543]

When does your underlying F1 visa expire?

If it's expired, you can't use OPT to re-enter the US.

Edited April 7, 2016 by F1H1I130

[racheldot 0]

Thank you jan22! This was helpful information, say if we plan to apply for a k1 visa do i have to stay back in india in order for him to do that? Or i can be in usa and he can apply for a k1?

[Transborderwife 4,666]

Thank you jan22! This was helpful information, say if we plan to apply for a k1 visa do i have to stay back in india in order for him to do that? Or i can be in usa and he can apply for a k1?

Your interview and medical must be done in India.

[jan22 2,898]

Thank you jan22! This was helpful information, say if we plan to apply for a k1 visa do i have to stay back in india in order for him to do that? Or i can be in usa and he can apply for a k1?

The K-1 is a visa used to enter the US to then get married. Therefore, you need to be outside the US to apply for it. As long as ou remain in a legal status, you can be in the US for the petition part of the process (USCIS) without causing any issues for the visa. But, once the petition is approved and the US Department of State part of the process starts (i.e., the visa portion of it), you must be outside the US for your part of the process.