Is GC the only option?

I

ihusa11

New Member
Hello,
I recently married a US citizen. I am already in US on F-1 visa. We have not decided whether we stay in US or move to Europe (where I am from). However, we will definitely stay in US for another 2-3 years before my spouse finished her education -- I will graduate before her and will need an AOS to say in the country and be able to work.

Is there really no other middle-option that would allow me to stay in US for a few years, work, and maybe later decide if I want permanent residency?

It seems silly to apply for a GC and maybe in 2 -3 years leave the country and relocate to EU.

(Most European countries have such status for family members of citizens)

Thanks.
 
No, there isn't. To stay for a few years and work, without getting sponsored on your own through employment, you need permanent residence. You can try to get that yourself before going the AOS route. You can apply for OPT once you graduate, and if you don't get sponsored employment and depending on your major (STEM majors get OPT for over 2 years I think), you might be able to stretch this out until you decide whether you want to stay or leave. If you want unrestricted access to the job market, though, you'll want to adjust status.
 
Apply for the green card anyway. Better to have it and surrender it when you don't need it, than to be in a situation where your job search after graduation becomes problematic because you don't have it.

Even if you are successful in finding an employer who will hire you without a green card, your ability to find a job quickly and start working soon after getting a job offer is likely to be delayed by weeks or months because of your lack of a green card. That missed income will probably be a lot more than the cost of applying for a green card.

However, that doesn't mean you have to apply for it right away. It seems like you have at least a year two left in F1 status, so you can wait another 6 months or so in order to accumulate more evidence of your married life together before initiating the green card process, which would make your interview and approval easier. Just be aware that your marriage to a US citizen may make it difficult to reenter the US with the F1 visa if the immigration officer at the port of entry is aware of your marriage, which they are likely to find out if you travel together or the green card process has been initiated (once you file I-485 your F1 visa is indeed useless for reentering the US).
 
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