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Is There a Way for My Boyfriend to Stay in the USA after He Graduates?

By sydney_bee in General Immigration-Related Discussion

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sydney_bee Newbie

sydney_bee   0

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Hi!

 

I (a US citizen) have been dating my boyfriend (a South Korean citizen) for 5.5 years now. This May, he is graduating with his Masters degree, and I am graduating with my Bachelors. 

 

With the job market being quite bad due to Corona, we have become concerned that at the end of his grace period of 60 days after he graduates (from his F-1 visa), that he won't be able to find a job. If this is the case, he will have no choice but to go back to Korea. As much as we both love Korea, we really want to continue living here together for the next several years at least. We do want to get married as well, but we really don't want our marriage to be out of utility, and I'm not even sure if we could get married in time to get him a green card at this point. 

 

So my question is... Is there any way that I can extend his time here after he graduates and has used up his grace period? Would us getting engaged (but not married) be enough to keep him here? I am brand new to the whole visa stuff so I'm lost as to what our options are. Thank you!

aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted (edited)

The only thing that can extend his time after graduation is OPT and an eligible job.  Unless you get marry and adjust his status.

Getting engaged provides no immigration benefit or means to stay in the US.  

 

If you want him to stay here, then you need to get marry and adjust his status.  When he adjust status as your spouse, it will take 6-8 months for him to get work authorization (EAD).  This means, he can not work legally for 6-8 months.  If working is important, then get marry today and file to adjust his status as quickly as possible.  It will take 12-18 months for him to get a green card.  


Marrying a US citizen and adjusting status is his only path to stay here unless he can get a job through OPT.  

Edited by aaron2020
Lucky2Lucky Experienced

Lucky2Lucky   2,526

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Filed: Citizen (apr) Country: Haiti
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If your plan Is to ultimately get married why not get married now by a justice of the peace? You can have a ceremony in the future when you guys are ready. Personally I think having him be able to stay in the US now and getting married to be the better option if again, that is your end goal.

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retheem Rising Star

retheem   568

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Filed: IR-1/CR-1 Visa Country: Kenya
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Posted
20 hours ago, sydney_bee said:

Hi!

 

I (a US citizen) have been dating my boyfriend (a South Korean citizen) for 5.5 years now. This May, he is graduating with his Masters degree, and I am graduating with my Bachelors. 

 

With the job market being quite bad due to Corona, we have become concerned that at the end of his grace period of 60 days after he graduates (from his F-1 visa), that he won't be able to find a job. If this is the case, he will have no choice but to go back to Korea. As much as we both love Korea, we really want to continue living here together for the next several years at least. We do want to get married as well, but we really don't want our marriage to be out of utility, and I'm not even sure if we could get married in time to get him a green card at this point. 

 

So my question is... Is there any way that I can extend his time here after he graduates and has used up his grace period? Would us getting engaged (but not married) be enough to keep him here? I am brand new to the whole visa stuff so I'm lost as to what our options are. Thank you!

Get married and do AOS. Problem solved.

 
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