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F1 student Married to US Citizen

Houston, TX |

I am a F1 student married to US citizens in January 2012, I am graduating in May 2012 and my husband is going to filed my Green Card very soon may be next week April 17th. My question is do I need to apply for my OPT to be in status? The last date to apply my OPT May 12th, 2012. Please help me it is sort of URGENT.

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Attorney answers 4


You should be fine as long as you file your application before your OPT or F-1 status expires.


You will be fine if you file the correct paperwork based on your marriage. I would hire a lawyer to make sure it is done correctly

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at


Hi - congrats on the marriage. Please file asap. Married to a USC you do not have to maintain your student status, but it's best to stay in status so that you do not run the risk of being out of status and being bothered. OPT is not necessary.


To be in status? yes.
To be authorized to stay in the US? No, provided you file the required forms before the 60th day of the completion of your studies.

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.