EAD under OPT, and marriage

[maciver]

What is the name of your state? Georgia (husband to be is in Florida)

I am currently 4mths into my 12mth OPT work authorization and post-graduate traineeship on an F1 visa, in Georgia. My American boyfriend is two years away from graduating from his Ph D in Florida. My visa runs out in June 05. We intend to get married before then so that we can be together in the States. After he graduates, we intend on moving to the UK.

If we get married during my authorized OPT time, does that invalidate the OPT?

How soon after the marriage will I be issued a new EAD card as an applicant for change of status?

Thanks in advance for your help.

 

[ImmigAttyLana]

No, your marriage will not invalidate your OPT, but if you then intend to file for permanent residence on the basis of your marriage you should do so at least 90 days prior to your current OPT EAD expiring because it will take about that much time to get the new EAD on the basis of a pending petition for permanent residence. Furthermore, please note that if you are applying for permanent residence, you have to have the intent to permanently reside in the US. If you plan to move to the UK then this is not consistent with that intent and you are likely NOT going to get your US permanent resident status or if you do, you will likely lose it upon leaving the US and not taking the necessary precautions to preserve it.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[maciver]

A wife who doesn't need permanent resident status

Thank you Lana. This is good to know. I had thought the intent to return to the UK with my American husband might throw a spanner in the works. Is there a way for me to get work authorization for one or two years, as a wife of an American citizen, without applying for permanent resident status? I have assumed that the only way is to apply for an H1B1, and I expect the quota to run out five months before I would be looking for work.

Another question, if I may. If I have conditional permanent residence at the time that we move to the UK, what, if anything, can I do to prevent the breakdown of that process? Is there a legal consequence for us both leaving the country like that? We may actually never come back to the US other than as visitors so I'm not really worried about the conditional residence status running out, unless it will cause future problems should we one day chose to return.

Thanks for all your help. This is a wonderful service.

 

[ImmigAttyLana]

No, you cannot get work authorization beyond your OPT unless it is either through an employment-based visa like H-1b or through the filing of a permanent resident petition on the basis of your marriage. If you then do not want to pursue the process because of your plans to permanently relocated to the UK, then you can simply notify the USCIS of your intention to abandon the process.

If by that time you already have your conditional status, you can still abandon it by notifying the USCIS. If however, you will want to keep the status, you will then need to take the necessary steps, if appropriate, to preserve that status.

Please let me know if you have any additional questions or need further assistance with this matter.