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Can I work on my F-1 OPT if my green card application through marriage to a US citizen is pending?

Lafayette, IN |

I have been on F1 status for 6 years. My husband is a citizen and we are getting married in 2 weeks. I will apply for green card right after. I will graduate a year from now and if my green card doesn't come through, i will apply for my F1 OPT to seek employment. will my F1 OPT be valid and usable even if my green card is pending?

Attorney Answers 4


  1. Why do you think that your green card won't come through?

    It probably makes no sense to use the OPT .. .it will cost money for the permit and will take the same 90 days as the temporary work permit you get when filing for the grencard.

    Meeting with an immigration lawyer, many of us use Skype for this.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. Yes

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. Most likely NO. You should consult an immigration attorney if you would like to know more. Best Wishes!
    Lalita Haran
    Attorney: Immigration Law
    13295 Illinois St ste 128
    Carmel IN 46032
    Ph: (317) 660-6174
    www.haranlaw.com

    Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.


  4. It is best to consult an experienced immigration attorney to review your options based on your goals, immigration history and employment desires. The issue of immigration intent will be a concern that needs examining.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.