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Jun2580

STEM OPT Extension (While Married)

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Filed: Citizen (pnd) Country: India
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36 minutes ago, MaryLoves said:

Thank you for your reply. Did you two get married while the OPT application was pending, or were you two already married before the application process began? Was it the initial 1 year OPT or OPT extension?

I really hope my application will get approved even though I am married to a US citizen.

We got married back in 2015. We were married through her initial opt and the extension ( although I was a green card holder back then). I dont think marriage has anything to do with OPT. 

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2 minutes ago, himalayanV said:

We got married back in 2015. We were married through her initial opt and the extension ( although I was a green card holder back then). I dont think marriage has anything to do with OPT. 

Just like the host of this forum says, I see a marital status section on OPT Application form (I-765). I am sure your wife honestly checked "Married" but this question made me worried if USCIS even cares about the applicant's marital status. You are making me relieved though!

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Filed: Citizen (pnd) Country: India
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Yes, she did check "Married" and it was never brought up (no RFE or anything for both the initial OPT or the extension). I don't think you have anything to be worried about. A lot of students that come to usa are married (even in their home countries). You would be surprised by the number of people on OPT who have a spouse back home. 

Relax and let the OPT come to you:) Best of luck!

2 minutes ago, MaryLoves said:

Just like the host of this forum says, I see a marital status section on OPT Application form (I-765). I am sure your wife honestly checked "Married" but this question made me worried if USCIS even cares about the applicant's marital status. You are making me relieved though!

 

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11 minutes ago, himalayanV said:

Yes, she did check "Married" and it was never brought up (no RFE or anything for both the initial OPT or the extension). I don't think you have anything to be worried about. A lot of students that come to usa are married (even in their home countries). You would be surprised by the number of people on OPT who have a spouse back home. 

Relax and let the OPT come to you:) Best of luck!

 

Thank you! I was thinking if you are married to a citizen of your own country (not the US), then USCIS doesnt even care. but they do care if you are married to a US citizen because they seem to like rejecting people.. haha.

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Filed: AOS (pnd) Country:
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21 hours ago, MaryLoves said:

Thank you! I was thinking if you are married to a citizen of your own country (not the US), then USCIS doesnt even care. but they do care if you are married to a US citizen because they seem to like rejecting people.. haha.

Marriage to USC has practically nothing to do with OPT and extension. In the eyes of USCIS, your OPT is an extension of your F1 status. So either married in your country or to USC here, makes no difference except when you are filing for AOS, as that puts you in a different category of visa. The best part of being married and applying for OPT/OPT extension is that it gives your marriage a long time to "mature" in my opinion as then you would have had enough evidence to proof a bonafide marriage. 

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  • 11 months later...
1 hour ago, Summerbear86 said:

did your opt extension get approved with no problem? I have the same concern.

Yes! It took a long while though.

 

I applied for STEM OPT extension at the beginning of December 2017. 

My initial OPT expired in January 2018.

I got a notice saying I have been approved for STEM OPT extension in March 2018. 

I got my EAD in April 2018.

 

So I had to go for about 3 months after my initial OPT expired, and before I got my STEM EAD. But luckily, you can stay in this "gap" for up to 180 days as long as you have timely applied for STEM OPT!

Do not worry! You should be fine!

Edited by Jun2580
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On 10/10/2018 at 9:46 AM, AtlToBlr said:

Just want to add to this. My wife was in the same situation. She applied for her OPT and OPT extension while married to me. 
We applied for AOS after extension was granted. Had our interview yesterday for the AOS and got approved. 

Fear not, you are in the clear. 

 

May I ask what the interview questions were? I have my AOS interview coming up next week!!

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7 minutes ago, Jun2580 said:

 

May I ask what the interview questions were? I have my AOS interview coming up next week!!

Hey. I will be uploading our experience but I'll share here first. 

 

Honestly, we weren't asked a lot. The officer took us in, made us take the oath that we will tell the truth. 

 

Asked us to sit down and asked us whether we have any updates on the lease (we had recently changed our address and updated it on the website). We gave her a copy of the new lease. She then quickly looked at it and asked if there are any updates we would like to give. So we took out all the updates to the stuff we sent with the application. You know, updates bank statements, updated prints of retirement accounts, etc. She breifly looked through the docs and made some copies.

 

 

We asked her if she would like to see our wedding album and she said she has more than enough evidence.

 

She then quickly went through our I-130 and I-485 (the only question she directly asked me was what day I, the USC was born on). she noted the address change on the forms.

She also went through all the yes or no questions with my wife. The ones that ask you if you're a communist or whether you'd conspire against the government, etc. 

 

She then told my wife that she thinks she has all she needs and that we can expect the 10 year green card in 3 weeks (we've been married over 3 years).

 

Thats it! We thanked her for her time and thanked her for how painless the interview was. She said that we made it easy with all the information we had sent with the application. 

 

And that was it! The status online was changed to card under production on the same day.

 

 

Honestly the best thing is to try to relax. We were both pretty anxious before the interview but in the end we didn't really have anything to worry about. 

 

Let me know if you have any questions!

 

 

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15 hours ago, AtlToBlr said:

Hey. I will be uploading our experience but I'll share here first. 

 

Honestly, we weren't asked a lot. The officer took us in, made us take the oath that we will tell the truth. 

 

Asked us to sit down and asked us whether we have any updates on the lease (we had recently changed our address and updated it on the website). We gave her a copy of the new lease. She then quickly looked at it and asked if there are any updates we would like to give. So we took out all the updates to the stuff we sent with the application. You know, updates bank statements, updated prints of retirement accounts, etc. She breifly looked through the docs and made some copies.

 

 

We asked her if she would like to see our wedding album and she said she has more than enough evidence.

 

She then quickly went through our I-130 and I-485 (the only question she directly asked me was what day I, the USC was born on). she noted the address change on the forms.

She also went through all the yes or no questions with my wife. The ones that ask you if you're a communist or whether you'd conspire against the government, etc. 

 

She then told my wife that she thinks she has all she needs and that we can expect the 10 year green card in 3 weeks (we've been married over 3 years).

 

Thats it! We thanked her for her time and thanked her for how painless the interview was. She said that we made it easy with all the information we had sent with the application. 

 

And that was it! The status online was changed to card under production on the same day.

 

 

Honestly the best thing is to try to relax. We were both pretty anxious before the interview but in the end we didn't really have anything to worry about. 

 

Let me know if you have any questions!

 

 

 

Hi! I am happy for you that the interview went smoothly and simply!

 

I have a question for you, actually. Our interview notice says under "You must bring the following items with you", Your spouse's birth certificate and your spouse's evidence of United States Citizenship or Lawful Permanent Resident status.

 

What does the second half mean, "Your spouse's evidence of US Citizenship" ? I am the foreigner, and my spouse is a US citizen, and we have his birth certificate, which I thought would be enough evidence that he is a US citizen.

Is there anything else to prove that he is a US citizen?

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5 minutes ago, Jun2580 said:

 

Hi! I am happy for you that the interview went smoothly and simply!

 

I have a question for you, actually. Our interview notice says under "You must bring the following items with you", Your spouse's birth certificate and your spouse's evidence of United States Citizenship or Lawful Permanent Resident status.

 

What does the second half mean, "Your spouse's evidence of US Citizenship" ? I am the foreigner, and my spouse is a US citizen, and we have his birth certificate, which I thought would be enough evidence that he is a US citizen.

Is there anything else to prove that he is a US citizen?

Birth Certificate should be enough. We were asked for the same thing on the letter but I was born outside of USA so I took my original Naturalization Certificate. In the end, they did not even ask for it. 
Does your spouse have a US passport too? If yes, I would take that as well. If not, your birth certificate should be enough. Just take the original and a copy with you. 
 

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7 minutes ago, AtlToBlr said:

Birth Certificate should be enough. We were asked for the same thing on the letter but I was born outside of USA so I took my original Naturalization Certificate. In the end, they did not even ask for it. 
Does your spouse have a US passport too? If yes, I would take that as well. If not, your birth certificate should be enough. Just take the original and a copy with you. 
 

My US-citizen spouse does not have passport because he has never traveled outside the US... so we can only submit the birth certificate at this point.

But thank you for your information, it makes me reiieved!

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30 minutes ago, Jun2580 said:

My US-citizen spouse does not have passport because he has never traveled outside the US... so we can only submit the birth certificate at this point.

But thank you for your information, it makes me reiieved!

That should be enough! THats not a thing you need to be worried about :) Best of luck with your interview!!!

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