Getting married while on OPT?

R

ranto

New Member
Is getting married to a US citizen while on OPT possible? Will it negatively affect the ability to get GC?
 
The marriage to a USC may negatively affect your ability to reenter the US with your F1 visa. But if you remain in the US it won't hurt your GC eligibility.
 
If the job I'm doing while on OPT is in a different state than where my spouse is, would this affect my application for GC? I've been visiting my spouse quite frequently. If I quit my job, I'll have to move to my spouse's state, which means I'll be in a grace period? Can I still apply for GC? Will I have enough time?
 
Yes, if you are living apart from your spouse the interview is likely to be tougher and you'll need to explain the separation (preferably with evidence, like bus/airline tickets and phone bills showing you're calling each other frequently).

However, don't bother with OPT. Given that you are married to a USC, once you file the I-130 and I-485 (the main forms for your GC application), you are allowed to stay in the US legally until your GC is granted or rejected. Filing I-765 along with the I-485 will allow you to get an employment authorization card, and this GC-associated employment card will be better than an OPT employment card, because the GC-related one is not restricted to your field of study. And the GC-related employment card doesn't obligate you to work, like the OPT employment card would.

But don't leave the US until you've applied for the GC and obtained Advance Parole, because you could be refused entry with an F1 visa due to having immigrant intent (made apparent by your marriage to a US citizen).
 
Last edited by a moderator:
so, i should file the I-130 right after I graduate, i.e. when I'm in the grace period of F1? How long does it take for the GC to be granted after I file I-130?
 
ranto said:
so, i should file the I-130 right after I graduate, i.e. when I'm in the grace period of F1? How long does it take for the GC to be granted after I file I-130?
Click to expand...

If you are going to be filing for your GC here in the US (AOS mode) then you can file your I-130 with your I-485 (and all other necessary forms) any time after you get married. The average turnaround time for GC processing here in the US is about 4 months, but it depends on your local district office. It seems like some offices, such as those in big cities, are taking longer. If you go to this link https://egov.uscis.gov/cris/Dashboard.do and select I-485 on the processing times, it will give you an idea of how long it is taking to process at your local district office. (When you get to form sub-type chose any, there is non for family, but it doesn't matter because they all say the same.)
 
I was in the same situation about 6 years ago. I got married after graduation and while I was on OPT. But I did move to the State where my wife lived since I had nothing to tie me to the State where I lived at the time. As soon as you apply for the GC you will be in the grace period and should not leave the US (except with an advanced parole) until you get your GC. Your F1 and OPT will not be relevant anymore so you don’t have to worry about that. You will get a work permit while you are waiting for your GC and you can use that to get employment. All that will not affect your GC process at all. Hopefully the name check thing is faster now and you don’t have to wait close to 4 years like I did.
The difference for you will be if you NEED to stay at your current job, for financial or whatever reason.
 
ranto said:
so, i should file the I-130 right after I graduate, i.e. when I'm in the grace period of F1? How long does it take for the GC to be granted after I file I-130?
Click to expand...
File the whole stack of relevant forms, not just the I-130. Once all of that is filed, you can expect the GC in 3-6 months (a few are lucky and it's done in 2 months, a few are unlucky and it takes more than 9 months).
 
You must log in or register to reply here.
Top