Renewing F1 OPT while married to USC

[Longhorn]

Hey guys, I am planning on renewing my expired visa in December 2017 but I will be married to a USC in November. Is there a risk for me reapplying F1 visa so I can continue my OPT while being married? What are other options? Will I get the advanced parole for traveling in November if we register for marriage and apply now? Thank you.

[Yestoel92]

Hey guys, I am planning on renewing my expired visa in December 2017 but I will be married to a USC in November. Is there a risk for me reapplying F1 visa so I can continue my OPT while being married? What are other options? Will I get the advanced parole for traveling in November if we register for marriage and apply now? Thank you.

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you can "only" file for AoS after being married. So if you get married now and apply lets say by the end of August you might not get your travel document in time. A lot of people are seeing delays. Or you might have it by then but travelling might get in the way of processing AOS because you do not want to miss mail and etc.

If you get married in November ... going to renew your Visa in December so your OPT can continue will not affect anything. There is no risk. Just go and renew as you would do always. However, make sure you are not doing anything against your F1 and OPT status because that might hinder your renewal and aos. all the best


This is not legal advice.

[newacct]

Hey guys, I am planning on renewing my expired visa in December 2017 but I will be married to a USC in November. Is there a risk for me reapplying F1 visa so I can continue my OPT while being married? What are other options? Will I get the advanced parole for traveling in November if we register for marriage and apply now? Thank you.

Is there a reason why you need to leave the US?

[kindrich]

Hey guys, I am planning on renewing my expired visa in December 2017 but I will be married to a USC in November. Is there a risk for me reapplying F1 visa so I can continue my OPT while being married? What are other options? Will I get the advanced parole for traveling in November if we register for marriage and apply now? Thank you.

I strongly recommend AGAINST leaving the US while on OPT. My company considers this a high-risk case. There is a sizable chance that your F-1 visa renewal is denied.

Firstly, F-1 is a non-immigrant student visa so you must sufficiently demonstrate your intent to return to your home country. However, you're returning to work in the US. Regardless of your marital status, from the visa officer's perspective, you're more likely to remain in the US after your OPT expires (by H-1B or marriage) than return to your home country.
Now adding your marriage to US citizen to the picture and the odd isn't in your favor at all.

Secondly, OPT is granted by USCIS while visa is granted by Department of Homeland Security (DHS). These are independent agencies with different jurisdictions. USCIS granting you legal status in the US with the OPT doesn't mean DHS must allow you in.

In my opinion, your best option is to apply for the marriage certificate now, then file for AOS and wait for the Advance Parole before leaving the US. I filed for AOS at the beginning of March 2017 and received my EAD/AP combo in the middle of July 2017. There's a good chance you'll get it at the end of December or early January 2018. Trust me, no matter the cost, you'd want to revise your travel plan rather than being unable to come back to the US.

[newacct]

Secondly, OPT is granted by USCIS while visa is granted by Department of Homeland Security (DHS).

Visas are granted by the Department of State. USCIS is part of the Department of Homeland Security.