Unique situation with F-1/OPT/GC process

S

srrulz

New Member
Hello,

My fiance (a Taiwanese citizen) has been on an F-1 visa for some time now and will graduate in December. He's intending to apply for OPT status, but there's always the doubt that it won't be approved. We are intending to marry in mid-March, and soon after apply for permanent residence for him.

What complicates matters is that if his F-1 status runs out and he has no other form of legal status, he would be required to draft into the Taiwanese army for 1.5 years upon returning to Taiwan. This is to be avoided. He'd like to go back and take care of that at some point, but not until it will be easier for him to return to the US.

Is there anything we can do for the time between December and March if he'd denied for OPT? Also, how soon will he be able to work after applying for permanent residence by marriage?

I apologize for my ignorance in this matter. I'm a native US citizen (21 years old), and only recently obtained my own passport. Immigration issues are over my head so far, I'm trying to catch up.

Thanks!
Jenny
 
You said you intended to marry in mid-march (are you talking about march 06 or 07?), so are you married now? Have you filed I-130 & I-485 already?

Once you've filed AOS for your fiance, his status would be PENDING AOS (which is a legal status) and doesn't need to apply for OPT. If he wants to work in the meantime, he can file I-765 for EAD.

However if you meant your fiance is graduating Dec 06 and you wanna get married in march 07, he can apply for OPT by his last semester ends (usually it takes 3-4 months to process) and he shouldn't have any problem of getting it unless he fell out of status before (e.g. took less than 12 units per semester without reinstatement)
 
Even for the worst scenario, if (for some reason) your fiance got rejected for his OPT, he could still stay here between Dec and March since overstaying for a U.S. citizen's spouse is forgiven. Just keep in mind don't leave U.S. before he gets his green card, and don't use AP to travel in the meantime.
 
Travel...

My apologies...what's AP?

Also, what's the problem with traveling before he gets his green card? Is it still not legal to leave the country if he gets the OPT status? (We're hoping for a honeymoon in Peru...)
 
AP = Advance Parole. While you're changing your status, you need an advance parole to be able to leave the country, it should only be used for emergency situation. I've heard it takes like 60-90 days more or less. If he gets his OPT he would be able to leave the country no problem, as long as you don't marry yet. As soon as you guys get married and you apply for his green card, he's not an F1 anymore and he would be a pending status. Unless he gets a company to sponsor him for an H1.
 
srrulz said:
My apologies...what's AP?

Also, what's the problem with traveling before he gets his green card? Is it still not legal to leave the country if he gets the OPT status? (We're hoping for a honeymoon in Peru...)
Click to expand...

AP is Advance Parole (I-131).

He can leave U.S. if he has OPT, however I advise you not to marry and not to file I-130/I-485 before leaving. (He'd better keep his F-1 valid to reenter U.S.)
 
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