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I'm getting married soon to a USC while waiting my OPT to start on February, would that be a problem?

San Francisco, CA |

I just graduated from school last December and I am waiting for my OPT (applied the I-765 form via school) to start on February. My USC boyfriend proposed and we plan to get married soon. Would that be a problem to my status ?(my F-1 visa expired last november) If so, how to prevent or solve the problem? And if I file the green card application right away after the marriage, should I file the I-765 (employment authorization) again or can I use my current one to get a job that not-related to my study? how does it work?

Attorney Answers 4


  1. Getting married will not cause a problem. You can wait for the OPT or you can file an application to adjust your status to permanent resident upon marriage. If you want to work outside of your field I would consider getting the EAD through the marriage petition.

    This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: info@moralespllc.com (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500


  2. I don't see any issue with getting married from what you've told us. You can file the green card application after marriage. It would make sense to file for an EAD at that time so that there are no restrictions on your employment.

    www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.


  3. I see no problems ... especially if you and your bride hire an attorney to help with the process.

    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.


  4. I don't see a problem with status if you were to marry your USC boyfriend. You can file to adjust status. I would file the I-765 as this one would be unrestricted.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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