My OPT is about to expire and my boyfriend just asked me to marry him. He currently holds a H1B visa. Is it ok if we get marry during my grace period after my OPT time is expired? What status would I become when I marry him?
After marrying, you can apply for a change of status to H-4 if you are still within the 60 day grace period. Otherwise, you would need to depart the U.S., apply for an H-4 visa, then return. H-4's cannot work in the U.S. You may want to consult an experienced immigration attorney to determine what your options are and discuss the procedures for changing or acquiring a different status.
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You may marry, but, you do not obtain any nonimmigrant (or immigrant) status simply by the marriage.
8 C.F.R. 214.2 has:
---Start of Excerpt--
(iv) Preparation for departure. An F-1
student who has completed a course of
study and any authorized practical
training following completion of stud-
ies will be allowed an additional 60-day
period to prepare for departure from
the United States or to transfer in ac-
cordance with paragraph (f)(8) of this
---End of Excerpt--
http://goo.gl/dOLnk on pdf page 15, right column
That paragraph (f)(8) has, as its title "School transfer" and,
therefore does not apply to your case unless you are transferring
to another school. You can see that complete paragraph on the first
column of page pdf page 19.
Thank you for asking.
Harvey Mechanic, Attorney at Law -
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