F1 student planning a head to adjust status

[ZeBe 0]

Hello all!

i kindly request your advice. I am currently on f1 visa. I will graduate on May. My girlfriend lives in another state and she applied for citizenship this month and she has received an appointment notice for biometrics for Feb 2. Our relationship is real. I went to her place to see her and she also comes to see me. We have plenty pictures together. We are in love.  Now we are planning to get married and start the AOS process. The questions that makes me worry are;

1. Should we get married  before my graduation? 

2.  What if her citizenship process takes longer time than expected? My I-20 will expire on May 12. 

 

I really apreciate your your time and thank you. 

[randomstairs 270]

1. Get married when you're ready for it. But do not extend the F1 visa if you intend to immigrate (AoS).

2. She can petition for you as LPR. 

[Coco8 1,039]

When you graduate on May, you can apply for OPT. Have you looked into this? It allows you to work for a year in the US. That would give you more time.

[ZeBe 0]

I was thinking that if she can complete the citizenship process, we can get married and file to adjust my status. The reason why I didn’t want her to file for me now while she is LPR is because it may take longer time and I would be out of status... so.. thank you for the opt advice, I will think about it

[NikLR 13,220]

On 1/22/2018 at 10:43 PM, randomstairs said:

1. Get married when you're ready for it. But do not extend the F1 visa if you intend to immigrate (AoS).

2. She can petition for you as LPR. 

OP cannot adjust status when married to an LPR as their priority date will not be current. Overstay is only ignored for usc spouses.  Applying for citizenship does not guarantee it.  

Edited January 25, 2018 by NikLR
Tiny phone keyboards are the devil

[NikLR 13,220]

She should send the I-130 after marriage however.  

[NikLR 13,220]

~~moved to AOS from work, tourist, and student visas from student visas~~

[ZeBe 0]

Thank you NIKLR! So, should we simply wait her citizenship process to complete ? Because I taught  if she file the  file i130 now, there might not be available VISA and I will be out of status by the end of May and will leave the country 

[NikLR 13,220]

Get the OPT as suggested and play that by ear. 

[Coco8 1,039]

12 hours ago, NikLR said:

Get the OPT as suggested and play that by ear. 

Yes, plus, even if you AOS when she becomes a citizen, you cannot work for like 4 months until you have the work authorization. You will be a couch potato for months and just stress out about the process.