CP: - US Citizen Planning Wedding to F1

[horizon5]

I've done some research but have found it all very confusing, so thought I'd just put it simply. I didn't realize we'd probably need a lawyer to sort it out, but a simple answer might help.

I'm a US citizen, and have been dating my girlfriend who is a student on an F1 for two years. She is graduating soon and will start her 1 year OPT period. We are planning on getting engaged soon, and married sometime in the summer of 2010 (which may be outside her OPT period). Here are my questions -

1. Does the engagement have any effect on her? I assume not, since there would be no need to apply for a K1, as she won't be broad.

2. When her OPT ends, then what? Does she have to go home, apply for a K1, then come back?

3. If we schedule the wedding before her OPT ends, does it cancel her OPT? If then, what happens?

4. Should her status have any effect on our plans? Does it matter if it does? In other words, if we truthfully were planning an August 2010 wedding (again we're not close to setting a date yet), but did it in May 2010 because of status, does that somehow invalidate the wedding?

Any help is appreciated! I had no idea how complicated this could be.

 

[Jackolantern]

1. Engagement could affect her if she travels outside the US and Immigration knows about the engagement when she is trying to reenter the US.

2. If you marry her and file I-130 and I-485 before her OPT ends, she won't have to leave the country. She'll be able to adjust to permanent resident status within the US.

3. No it doesn't cancel the OPT. But if she leaves the US after the marriage, they probably won't let her back in with the F1 visa.

4. Immigration can't invalidate the wedding. But the wedding can cause problems for her immigration status. Once she is married to a US citizen, it will be assumed that she wants to stay in the US, so if she leaves she may not be able to return (unless she gets a K3 visa). Also, if she travels outside the US before getting married, then gets married and files an I-485 shortly (less than 3 months) after reentering the US with the F1 visa, it raises the risk of having the green card rejected for violating the nonimmigrant intent requirement.