F1 to Green Card

[nuubee]

Hi
I am a student from India doing my Masters in USA on F-1 visa for about 1 year now. I have a girlfriend who is an American citizen and we plan to get married sometime in near future. I do not know if I want to stay in US after I graduate from school and my F-1 visa is valid for another 2 years. I have a couple of questions regarding my scenario:

- Do I need to apply for Green Card right after our marriage OR it can be applied a year or so after marriage when I have decided for sure that we want to stay in US? Remember: I have a valid F-1 visa for another 2 years and don’t need a GC to stay in US.

- I am confused about the 30/60/90 immigration rule. Does it apply to the first time you enter the US on immigrant visa or your latest entry to the US on that visa? I know the rule is used to establish “preconceived intent” to immigrate, but in my case, since I have been a student for more than 1 year, does 30/60/90 immigration rule apply to me especially if I don’t plan to apply for GC right away after marriage? How else can I prove that I had no intent to permanently immigrate to the US when I first entered US in 2014.

- If I decide to make a trip back to India right before our marriage and at port of entry use my F-1 to enter USA, do I have to declare that I intend to marry an American citizen in the near future?

- What kind of travel restrictions are in place for me after I apply for Green card? i.e. is my F-1 status invalid at that time?

Thanks in advance

[chao]

1. you can apply at the latest - in your grace period after OPT expires. I applied in July right after my OPT expired.
2. not sure what 30/60/90 is.
3. I won't recommand you WILL get married. But if you already got married I don't see why you can't say it.
4. your status will become AOS, if you have a EAD in hand, you can still work for any employer and document the new EAD when you get it.

Anyway, if you need to travel internationally, I'd say either do it when with F1 or AP(2-3- months after you file). You can file the AOS whenever you want after married, but I recommand doing it during your OPT. And, very important, if you file AOS 2 years after your marriage, you will get a real greencard instead of the conditional one.