Marriage to US citizen while on OPT.

V

Vashren

New Member
Hey all,

I am an F-1 student, about to finish graduate studies in NY and receive my OPT's work permit (effective on the first week of Jan 2009). My F1 visa has been expired since this June, but my I-20 is obviously valid. That being said, my fiancee (U.S. citizen) and I are planning to get married during the last week of Jan 2009.

So my questions are:
1. What steps do I need to take to obtain work permit and permanent stay through marriage?
2. OPT requires me to be employed 90 days after its start date, at the latest. Does marriage before such 90 days immediately nullify this requirement?
3. My fiancee doesn't meet the 125% minimum on the Poverty Guidelines. However, my personal bank account thoroughly does... thanks to family funds/deposits. What can be done?

Thanks!!
 
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Your income can't be counted towards the financial support, but his parents could help out (for example). Otherwise just get married and file for I-130 and I-485 along with EAD and AP (travel permit). You will be in adjustee status immediately and the F1/OPT and its restrictions are history. You can work as soon you get the EAD through your marriage-based GC application. If you already have an idea through OPT you can start working on that and once you got the GC-based one all restrictions are lifted.
 
Thanks for the prompt reply!

Question though, quote: "Your income can't be counted towards the financial support, but his parents could help out (for example). Otherwise just get married..."

We currently live in NY, and also plan to get married here. Do you mean to say that getting being married (while I'm still legal in the US) will remove the 125% Poverty Guidelines requirement from my US citizen spouse? I was under the impression that prior to filing any papers, they face the 125% Poverty Guidelines requirements no matter what. I could very well be wrong though!
 
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You can get married if you don't satisfy the guidelines, but he can't petition for your GC if he doesn't. His family needs to co-sponsor you.
 
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