F1 OTP - and im sorry if there was a thread already about this, i couldn't find it

[alira]

Dear All,
I came in US 3 years ago with F1 visa. I got my masters in January 2007 and Im in OPT. My OPT expires in Jan 2008. In July I married my boyfriend who at the end of July applied for his citizenship. He already went for fingerprints so im hoping he will get it soon. I didn't aplly yet for anything because the advice I got from everyone (lawyers and friends) was to wait until he gets his citizenship and then apply for a green card and work authorization.
I have 2 questions and I hope someone will be able to put my mind at ease:
- did I do the right thing by not applying for the green card and work authorization?
- can I still travel outside the country these 3 months and a half?
I need to fly back home soon because of a family emergency and Im worried that the INS might not let me in when i come back here. Do I have any rights or something now that Im married with a resident ?
Thank you very much.

[alira]

Dear All,
I came in US 3 years ago with F1 visa. I got my masters in January 2007 and Im in OPT. My OPT expires in Jan 2008. In July I married my boyfriend who at the end of July applied for his citizenship. He already went for fingerprints so im hoping he will get it soon. I didn't aplly yet for anything because the advice I got from everyone (lawyers and friends) was to wait until he gets his citizenship and then apply for a green card and work authorization.
I have 2 questions and I hope someone will be able to put my mind at ease:
- did I do the right thing by not applying for the green card and work authorization?
- can I still travel outside the country these 3 months and a half?
I need to fly back home soon because of a family emergency and Im worried that the INS might not let me in when i come back here. Do I have any rights or something now that Im married with a resident ?
Thank you very much.

[aneri]

alira - since your husband is "only" a permanent resident (not citizen yet) you couldn't apply for the green card and work authorisation anyway... He can start the process of petitioning for you now and upgrade the petition once he becomes USC. But, with your travel plans, maybe it is good that he hasn't done that yet.

As for traveling - it is tricky. You are non-immigrant. With the husband permanently living in the USA, you may be seen as potential immigrant without the proper visa (F-1 is non-immigrant) and refused entry into the USA. I am not saying that will happen... but it may. Further, if you enter as non-immigrant and apply for green card soon after (your husband is USC by then), a "misrepresentation" at entry may be brought up during the adjustment of status interview.

Please check the above scenarios with a lawyer.

Unfortunately, you have no "special" rights being married to a resident. It seams like it complicates the situation.

Any idea when your husband will become a USC? Hopefuly that will happen before your OPT expires, so you can apply for adjustment of status (green card) and work authorisation.

[alira]

Dear Aneri, thank you very much for your answers, i really appreciate them.
We don't know yet when he will become USC. He went for fingerprints on Sept 9th and his friends who came with the same visa lotery told us that it will take him 2-3 months tops from now (at least thats how long it took them). I am hoping that it will happen before my OPT expires.
I hope we wont have any problems with my papers and Im going to delay my trip home just to be sure. We wpoke with 3 lawyers so far and they say our case is very clear and easy and they suggested that we shouldn't wait to get married. We've been together for 7 years now and we wanted to get married and start our family and the lawyers said that if we wait to get married until he becomes a USC it might not be a good idea. Now it makes me wonder why they said that (all 3 of them) because it seems to me that it might have been better to wait half a year to do it.
In any case, thank you very much again and I will see what a 4th and 5th lawyer have to say about this.
Have a good day

[ABCDE]

alira,

did u just maary him or u have applied for AOS? cos if from what i know, if you only got marreid, then It doesnt changed your status and you can travel a long as your i-20 and F-1 visa is valid. Even if he petitions for you (ie. file form I-130), ur status still doesnt chage as long as you have NOT filed form 1485 for AOS.
the only from that changes your status and is a potential problem when travelling is form tavelling is the I485 (AOS)

[alira]

Dear ABCDE,
no, I did not apply for anything.We just got married but we didn't send anything yet because i was told to wait until he becomes a USC. So I am still F1 in OPT .
Thank you for your answer.

[ABCDE]

If you just got married then according to US Immigatrtion you are anf F-1 student , thatas , it. You travel, work and live in th US as an F-1 student, until you file to adjust your status (by filing form 1485) from F-1. In short, marriage (whether to LPR, USC or even Foregin person), doesnt have anytihing to do with your immigration status until you apply to change youur states. U get it?

And also, a LPR is ABLE to apply for his spouse (though that process is longer) so which lawyers said you have to wait for youur husband to get his citizenship before he files for you? cos when you file u can still get your Work authoirzation while the case is pending, no matter how long it takes. PLus you can also update the application after he becomes a USC and that she speed up the process.

[aneri]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ABCDE:
... cos when you file u can still get your Work authoirzation while the case is pending, no matter how long it takes. </div></BLOCKQUOTE> not correct if the petitioner is permanent resident. In cases like this, one can apply for work authorisation only in conection with I-485; and I-485 can't be submited before the priority date is current - and it takes 5 years for that to happen...

[alira]

Thank you both, it was very helpful. I have another question though and this time is about H1B visa. Is it true that you can apply for H1B visa only during some specific months of the year? A private company offered to hire and sponsor me but I don't really see how that can help me now because as far as I know I can't apply right away and have a chance to get it by january. Am I right?? Should I just relax and wait for my husband to become USC and then apply for whatever I need?
Thank you very much again.

[4now]

alira

Iperson has given you mostly good advice. Beware about re-entry and being asked about marriage etc. Just be f1 4now


Wait for your husband's citizenship. everything will just go strait forward.

If you have him petiton now, and you may have to leave for an emergency, you most likely will not be let back into country b/c of immigrant intent.

[alira]

Thank you very much all of you. I will wait because I don't want to get into trouble. Every lawyer says our case is simple because we haven't sone anything wrong and we've been together long before coming here. I dont want to take any chances when we're so close.
Thank you all.

[matza]

alira,

I am also an F1 on OPT right now. When I asked the people at my university's international center (those who know all the immigration rules), I was told that while I'm on OPT, and if I leave the country with an expired entry visa, I will need to have a prove of employment to get a new visa. Nevertheless, they advice me not to risk it... Someone in this situation theoretically could always be refused a new entry visa.
Sorry to hear that you're having a family emergency and need to travel but you can't really afford to do that right now. I hope it all works out.