QUESTION

Me and my American citizen girlfriend are planning on getting married, however, would I have to get married before I graduate?

Asked on Aug 01st, 2012 on Immigration - Ohio
More details to this question:
I am currently a student on F1 Visa, and I will be graduating college before the end of this month, August 2012. Me and my American citizen girlfriend are planning on getting married, however, would I have to get married before I graduate? My F1 visa expires sometime next year, in 2013, same with my I-20. I guess my I-20 will expire when I graduate though. In conclusion, we are trying to figure out a date where we won''t experience any problems due to my graduation and whatnot. Thank you!
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1 ANSWER

Congratulations on your upcoming marriage. Since you are graduating soon, have you applied for Optional Practical Training (OPT)?  If no, you should look into this as it will provide 12 months of work permission after graduation. Even w/o OPT, you should have a grace period of 60 days after you graduate.  You may file your green card paperwork based on marriage certainly within that 60 day period.  Overall, the timing of your marriage either before you graduate or very soon afterwards should not be a big issue.  You should be able to pursue permanent resident status from within the U.S. based on marriage to a U.S. citizen.  This is generally known as the adjustment of status process and requires filing the I-130, I-485, I-765 (work permission), I-131, I-864 affidavit of support, I-693 medical etc.  There are many specific issues that should be reviewed in your specific case, including affidavit of support issues, any immigrant intent concerns while being in F-1 status etc.  You can find info on the green card process based on marriage to a U.S. citizen at: http://www.familytousa.com/green-card-through-marriage-ad/ http://srwlawyers.com/adjustment-of-status-marriage-to-u-s-citizen/ Every case is unique.  You may want to consider consulting with an experienced immigration attorney who can advise on a proper case plan for you. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    
Answered on Aug 02nd, 2012 at 10:56 AM

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