Legal Question in Immigration Law in California

I am currently on OPT which will expire on 5/15/2015. I know that I have a 60 days grace period. I am going to marry a US citizen so soon. Will I be out of status? When is the deadline that I can marry a US citizen legally? What are the next steps once I am engaged?


Asked on 5/01/15, 11:23 am

2 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

It depends what your student visa says. If your I-94 says D/S you should be ok provided your application does not exceed 6 months following the completion of your program. The sooner you apply the better it will be.

Read more
Answered on 5/02/15, 7:23 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

Once your OPT expires, you still have the grace period, as you are aware of. You can get married & file for adjustment of status at any time. Unlawful presence does not affect eligibility to file for adjustment of status as long as you had a legal entry & are married to a U.S. citizen. If you file for adjustment after your grace period, then you just cannot travel on advance parole while your case is pending. However, adjustment interviews are being scheduled within a few months of filing, so the inability to leave the country should not be a major issue.

Read more
Answered on 5/02/15, 10:04 am


Related Questions & Answers

More Immigration Law questions and answers in California