Question on EAD and marriage - Please help

davh

Registered Users (C)
I just graduated and will be receiving my OPT EAD soon. My F-1 visa expires on Dec, 2004. What are my options to get married and bring my wife to the USA. I am already engaged. Any insights from you gurus will be really appreciated.
 
Best option is to get an H1b visa and bring your spouse on H4. Also, you can apply for I485 and add your spouse's application at the consulate (but the wait time for this is longer).
Or, your wife can get her own independent visa (H1 or L1 or F1 or something like that).
 
Is your case related to H1 or GC case? If not, are you just a F1 student who will use your Student EAD opt card?

That's a difficult question about bringing your new wife to usa. You can bring your new wife on her F-2 visa (spouse of F1 visa holder) before dec 2004, but when your F1 visa expires on Dec 2004, I don't know what the status of your new wife's visa would be. Your opt EAD wouldn't help your wife to maintain the status after your F1 visa expires, but I am not sure. I haven't seen that exprience before. Maybe you can talk to your international advisors or lawyer or search in this forum.

There are 4 options:
1) You should find a job that can sponsor you a h1 visa for you and h4 visa for your spouse and then file your green card application for you and your new wife. This would be safer and easier or

2) You can find a job for her and get her employer's sponsorship for your new wife and you. This would be safer and easier.

3) You can continue edcation like master program or mba school so you can get a new F1 status up to 2 years and you can bring your new wife on her F2 visa. or

4) Your new wife can apply for any school, then get her F1 visa and you can get F2 visa.

The best option is option 1 since you are in USA. Option 2 is not easy because your new wife would have to get a B2 visa to travel to usa for her job interview. then go back to her home country to get her h1 visa after getting her h1 approval. Option 3 and Option 4 would waste your money or her money.

Like I said, maybe you can talk to the international advisors or lawyer.

Good luck.
USGC485
 
Last edited by a moderator:
Thank you

Thank you very much for your very useful replies. Yes it is OPT EAD. And looks like the better option that I have is to get into H-1. I wish I can find a job soon before INS runs out of H-1s in the next few weeks.
 
Davh , i am not sure but according to a new rule i think that for F1's the H1B visa will not come under the normal quota
 
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