Marriage During Opt ( Application Of Gc)

[Dickie]

I am currently on OPT. My OPT expires on 9/20/2011. I am an Indian citizen. I am planning to marry my boyfriend who is a US Citizen and apply for GC. Can you let me know what exactly is the process and also the timeline that I should follow so that I do not go out of status. My current job's contract ends in March so if I count the 90 days of unemployment, that will be exhuasted in Mid june. Can you please advice. Should I go ahead with the process now, and once I apply for GC, how much time will it take for me to get it? Also will I be able to work during this period of time? Since it will be a change of status please let me know 1) the timeoline to get the GC and 2) Will I be able to continue to work during this time?

Thanks a lot.

ANSWER: Hi,

After marriage to a U.S. citizen, you can be sponsored anytime: www.h1b1.com/Uscitizen.htm

You will be maintaining your status as long as you are employed on OPT, and thus it is best to be sponsored prior to end of your job contract. However, you can check with the DSO(also known as international student advisor) at your university if there is any period of unemployment allowed(perhaps 60 days) in your particular OPT and still maintain status.

All sponsorship paperwork should be filed concurrently including petition for alien relative(I-130) and adjustment of status application(I-485) so that you can continue to remain legally in the U.S. after sponsorship even if you no longer maintain F1 status after sponsorship. You will receive independent EAD(employment authorization document) based on marriage sponsorship about 2 to 3 months after filing, and advance parole document as well in about the same period of time to allow you to work and travel while the sponsorship paperwork is being adjudicated. Note again that violation of F1 status after sponsorship is not a concern since you are able to remain legally in the U.S. after sponsorship.

It may take about six months for the marriage interview to be scheduled by the USCIS after sponsorship, at which point you will receive conditional resident status, which allows you the same rights as a LPR(lawful permanent resident aka green card holder) except that it is temporary(valid for 2 years) after which you and your spouse will jointly sign a petition to become a permanent resident.

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Thank you Mr. Arora. However I have another question. Can I continue to work in my OPT while I file for I-130 and I-485? For example I am currently working and suppose I file for GC today, can I continue to work under OPT. Also suppose I am terminated from this job, can I look for an other job and continue to work(This is with the assumption that I am within the 90 day status). So I mean to say will I be able to continue working/looking for a new job till the time the independent EAD arrives, and you told me it takes about 2-3 months. Also I don't have a birth ceritificate, will other certificates from school - Like school leaving certificate from India count as a replacement for birth certi?

ANSWER: Hi,

Yes, you can continue working on OPT until you are issued EAD based on marriage sponsorship, and similarly if your employment is terminated you can look for other work and work on OPT elsewhere until EAD through marriage sponsorship is issued.

If you do not have a birth certificates, you will require at least two affidavits of birth from persons older than you who have knowledge of your place of birth and date of birth. The school leaving certificate does not serve as a substitute for birth certificate.

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So I need to get those affidavits from India? Or is there an other option. Actually my parents are in US until May, so I am wondering how will I get those affidavits?

[Berwyk]

Your parents can sign an affidavit and it should be notarized(signed in front of a notary public). However, I recommend that two affidavits also be obtained for other persons older than  you who knew your parents and are knowledgeable about your date and place of birth. These affidavits will be notarized if the persons are in the U.S., or they will be on rupee stamp paper if not in the U.S.

Allexperts is not a suitable forum to discuss additional details but you can send an email to [email protected] for proposal from our law firm to represent for a sponsorship matter.