I'm in love with an F2-just-turned-OPT

[balonzo]

I need to know if it's possible for an F2 here as the dependent of his F1 wife to get a divorce without IMMEDIATELY losing his legal status Visa. In other words, he and his wife want to get divorced, and he and I want to get married. Once he's divorced, how long (24 hours, 1week, 1 minute?) after divorce is finalized before he is no longer allowed to be dependent under her F1 turned OPT Visa. Will he have to leave the U.S.A. and re-enter as my fiancé? Can he stay as my fiancé? Will we even be allowed to marry? PLEASE, if you have any experience with this, I sure would appreciate your sharing it here and as soon as possible!

[bandk]

If you are USC, that person can get a divorce and marry you here (might need to wait for a period according to the state you live in).
Then you can file AOS with that person. Him losing his status will be irrelevant because as the spouse of a USC, he will regain status.
The moment after the divorce is final he would lose his F2 status as far as I know but check that out.


I hope you are not a homewrecker...

[balonzo]

THANK YOU! ...and no, I'm not a homewrecker (though that was funny). Would you know how I can find out about the possibility of a "grace" period after F1/F2 Visa is dissolved so that he won't have to leave the USA (and me) prior to AOS which can only come after divorce is finalized?

[bandk]

THANK YOU! ...and no, I'm not a homewrecker (though that was funny). Would you know how I can find out about the possibility of a "grace" period after F1/F2 Visa is dissolved so that he won't have to leave the USA (and me) prior to AOS which can only come after divorce is finalized?

There's no grace period he will lose his status when divorce is finalized but I doubt that divorce authority (will it be family court in the US or their home country?) will inform USCIS about it. As long as they are not asked no one will come after him. He should not lie and assume he has the status after it though. When he's eligible to marry you, marry him and submit the AOS package. For example if he was the main F1 holder and would stop going school, then immigration could come after him to check him but since he is the spouse, divorce won't trigger that. (Still if his wife loses her status this might happen. )

What you should care is how much time is needed after divorce for you two to marry in your state.