F1 on OPT - engaged to USC

horizon5

New Member
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.
 
1. NO

2. If she does not go home, she is out of status. If you do marry it is not a problem; if you do not it affects her future.

3. It does not cancel the OPT; you may immediately file for her GC. See GC section of forum.

4. Her status has no effect on your wedding and vice-versa.

You could always have a civil marriage before the end of her OPT, begin GC, and then have religious observance if that is permitted in your religion.
 
Top