Legal Question in Immigration Law in Florida

Visa and legal status

I am an international student, graduated from college and currently employed on my OPT (still F-1 visa). My company applied for the H1-B visa for me but I won't know the results until the end of summer. My OPT expires on June 5, 2006 however my F-1 visa doesn't expire until August 8, 2006. My fiance (who is a US citizen)and I were planning on getting married next year but now that we don't know how long it's going to take for me to get my H1-B visa we would like to do it some time this summer. My question is, does it matter when we get married? Do we have to do it before my OPT expires or am I legally allowed to do whatever (e.g. get married in July) until the end of my F-1 visa?

I would REALLY appreciate your quick response and help with this matter. Our plans just shattered and we really don't know what to do.

Thank you!

Eve


Asked on 5/11/06, 5:49 pm

1 Answer from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: Visa and legal status

Since it appears from your facts that you are marrying for love, and this is a bona fide marriage, it is most probably immaterial how long you are married for before your husband sponsors your family based immigration package and you file for your adjustment of status to permanent residence.

Since the success of these types of cases depends a great deal on the attendant facts and circumstances of each individual case, the fact that you were married for a short period of time before filing for your Green Card is something an Immigration Officer will probably notice at your interview, but unless there are other facts and circumstances tending to militate against a finding of a bona fide marriage, there is most probably nothing to be overly concerned about.

Ideally however, it is best to get married and apply for the marriage case well before your status is set to expire, whether it is the OPT or the F-1 (45-60 days prior is a conservative amount of time). It is never helpful to go out of status for any period of time if you plan on either changing or adjusting your status.

Good luck and please contact one of our Attorneys if you require further assistance.

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Answered on 5/11/06, 6:04 pm


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