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F-1 OPT visa holder marrying U.S. Citizen

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  • F-1 OPT visa holder marrying U.S. Citizen

    Hi there,

    My girlfriend and I plan to get married within the next few months. She is currently F-1 OPT which expires in August and I'm a born U.S. Citizen. She is currently working and her employer plans to file her H1-B in April.*

    My question is it better to wait till her employer files H1-B and then I file for her immigration (after court marriage of course) or should we get married when she is still on OPT and then I file for her immigration? The only reason why I ask is that I'm not sure if H1-B being filed and/or being on OPT has any difference when I should file for her immigration; and how fast it will take for her to get permanent residency. Basically what is the right time to file for immigration for her?*

    As for filing for her immigration, are there any other forms that are needed besides the following...

    I-130 Petition for Alien Relative*
    I-131 Application for Travel Document*
    G-325A Biographic Information*
    I-485 Adjustment of Status Application
    I-693 Medical Examination form
    I-765 Application for Employment Authorization
    I-864 Affidavit of Support–include copy of latest IRS form 1040 and copy of previous year’s W-2

    Also for I-864 + G-325A do we both need to fill that out or just her?

    Thanks in advance for your help!

  • #2
    if you want to let her to get GC faster, just apply for marriage.
    H1B is a very hard to obtain these days, unless she is on science/math field.
    OPT is a temporary working status until you obtain H1B visa. Opt only valid for 1 years for most degree and there is STEM/ extention for science / math field. You can get married while she is on OPT, because once you apply for adjustment status and obtain her an ead she is no longer need h1b.
    For documents i suggest you to talk with lawyer.

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