F1/OPT will expire before I-485

[Trung297]

Hello everyone,
Im on OPT expire next May 2018. Married LPR in May 2017, She would file N400 in May 2018 at the time my OPT expired. My spouse filed I-130 and got received on July 19th. Routed to CSC but I filed in Texas. What options I have before my opt expired while my i-130 pending. I appreciate your insights. Thank you. Could not extend OPT btw.

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You have many options:

Cap exempt H visa (sponsored by non-profit, research, or government employer)

Work visa or point based immigration to a third country (eg Canada), ideally along the border so your spouse can commute to be with you while maintaining continuous residency, until she naturalizes

Go home, live apart until she naturalizes in May 2018

Go home with your spouse until your priority date is current in May 2019

Have your spouse join the armed forces (active or reserves) then naturalize after basic training

Have your spouse join the armed forces (guard) then naturalize right after being sworn in

Just live in the United States after your F status lapses, remain unlawfully present until you adjust status after your spouse naturalizes

Divorce your LPR spouse and marry a US citizen

[Trung297]

You have many options:

Cap exempt H visa (sponsored by non-profit, research, or government employer)

Work visa or point based immigration to a third country (eg Canada), ideally along the border so your spouse can commute to be with you while maintaining continuous residency, until she naturalizes

Go home, live apart until she naturalizes in May 2018

Go home with your spouse until your priority date is current in May 2019

Have your spouse join the armed forces (active or reserves) then naturalize after basic training

Have your spouse join the armed forces (guard) then naturalize right after being sworn in

Just live in the United States after your F status lapses, remain unlawfully present until you adjust status after your spouse naturalizes

Divorce your LPR spouse and marry a US citizen

Thank you for your effort.
Would it be a problem if i applied for master degree while I-130 is pending?

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If you are asking "can I easily get a new F-1 visa or a change of status to a new F-1 status so I can attend a different school while I-130 is pending", I don't think so. Either an application for a new visa or new status would require having to demonstrate non-immigrant intent, that you intend for your stay in the United States to be temporary in nature, which you would not. Worse still, a denial of a visa while abroad would leave you stuck abroad, and a denial of a change of status while remaining here might result in the formal termination of your existing F-1 status (if the decision is made after your OPT is over)

If you're asking "can I apply for a masters program as other-than-an-international student, in violation of your existing F-1 status" I think you can swing that. Most schools don't request proof of lawful residency, although it would be complicated if you're applying to the same school you are an existing student (because they have you on the books as an international student)

If your spouse will naturalize, you will adjust on the basis of an immediate relative of a US citizen, and so being out of status or in violation of your visa status will be of no consequence. If you apply for and are denied a nonimmigrant benefit (like change of status) you will be needlessly calling attention to yourself - so I would avoid that.

[Trung297]

If you are asking "can I easily get a new F-1 visa or a change of status to a new F-1 status so I can attend a different school while I-130 is pending", I don't think so. Either an application for a new visa or new status would require having to demonstrate non-immigrant intent, that you intend for your stay in the United States to be temporary in nature, which you would not. Worse still, a denial of a visa while abroad would leave you stuck abroad, and a denial of a change of status while remaining here might result in the formal termination of your existing F-1 status (if the decision is made after your OPT is over)

If you're asking "can I apply for a masters program as other-than-an-international student, in violation of your existing F-1 status" I think you can swing that. Most schools don't request proof of lawful residency, although it would be complicated if you're applying to the same school you are an existing student (because they have you on the books as an international student)

If your spouse will naturalize, you will adjust on the basis of an immediate relative of a US citizen, and so being out of status or in violation of your visa status will be of no consequence. If you apply for and are denied a nonimmigrant benefit (like change of status) you will be needlessly calling attention to yourself - so I would avoid that.

Thank you for your reply. Do you know if I could withdraw I-130 right now, back to school for higher studies and refiled after my spouse becomes USC? Any consequences for that? If yes, I guess i know what i need to do.