OPT ending soon! Help please~

[lizziediz]

What is the name of your state? WA

Hi all, I'm a OPT holder, and my OPT will expire in May 2008. My boyfriend who is a us citizen proposed to me last week and now we are wondering if we should get marry here in the state before my OPT expire or should we get marry in my home county then apply for an immigration visa. Which would be a better way to go for us? Any advise is much appreciated.

Thank you,
lizziediz

 

[ImmigAttyLana]

Get married here in the US and file for adjustment of status. It does not really matter whether you can do all this before your OPT expires since your stay will be protected once you file for AOS through a US citizen spouse. If you go abroad, you will have to wait about a year before you could get a visa to come back to the US as the spouse.

 

[evcalyptos]

What is the name of your state? WA

Hi all, I'm a OPT holder, and my OPT will expire in May 2008. My boyfriend who is a us citizen proposed to me last week and now we are wondering if we should get marry here in the state before my OPT expire or should we get marry in my home county then apply for an immigration visa. Which would be a better way to go for us? Any advise is much appreciated.

Thank you,
lizziediz

Do you prefer to spend the upcoming year in your home country, or in the US?

 

[lizziediz]

Thanks for all the responses. I prefer to stay here with my finance, of cause I don't want to be apart from him for that long, but I do want to know if I could travel to other countries while my case is pending. Also does he have to file the affidavit of support with the I-130 right after we get married? The reason I ask is because he made less than 20k last year. Thanks a lot.

 

[evcalyptos]

Thanks for all the responses. I prefer to stay here with my finance, of cause I don't want to be apart from him for that long, but I do want to know if I could travel to other countries while my case is pending. Also does he have to file the affidavit of support with the I-130 right after we get married? The reason I ask is because he made less than 20k last year. Thanks a lot.

hi,
I didn't see Lana's reply before I posted, but I totally agree with what she said. That's why I asked the question.. if you leave and go the visa route, you won't be living in the US for about a year.

You want to file for AOS, and yes, the I-864, I-130 and I-485, plus I-131 for travel and I-765 for work all together in one package.
His past earnings don't matter as much as his current earnings, and YOUR income can be included.

You can travel out of the US after you get your Advance Parole document--not on your OPT.

 

[lizziediz]

Thank you for the advice, I also have a question relating to my OPT, can I still work using my OPT after I file the AOS, or I will have to quit my job while I'm adjusting my status? Thanks a lot.

 

[ImmigAttyLana]

You can apply for an EAD as part of your AOS packet.