Marriage to a U.S. Citizen While on F1 OPT

[annasun]

Here's my story:

I am currently on an F1-OPT visa. I applied for this visa in Feb 2014, got engaged to a USC in March 2014, and was granted my OPT visa in April 2014. I went back to my home country (Canada) after finishing my PhD for 2 weeks in May 2014 to visit family. I re-entered the US end of May on my F1-OPT with a postdoc job starting in June. Problem is, my then-fiance and I decided to get married end of June (22 days after I entered the country) because we had just moved in together. Now we are wanting to apply for AOS for me, but my visa does not allow immigration intent and we got married shortly after I entered on this visa, so I'm wary this will look suspicious. If we wait 90 days to file I-130 and I-485 will that reduce suspicious? I’m not sure if our sudden marriage would be seen as dual intent and visa fraud. Although, the intent for marriage was obviously there (we were engaged), I did not exactly have intent to apply for AOS. My postdoc is only for a year (same duration as my OPT) and I'm not sure what I will do next yet. We still are not sure if we will live in the US or Canada when my visa is up, it depends where I get a job offer (my salary will be higher, so he has agreed to go where I get a job). But we’ve discussed it recently and now think it is best for me to apply for AOS to keep more options open when I am looking for a job and to make it easier to stay in the US if we choose to. I'm now just worried doing so will make it look like I had intent all along of remaining here.

Thanks in advance for your help!

[Mr. Knowitall]

If it were me, I would wait until I figured out whether or not I was going to stay in the United States after my postdoc. Why? Because if I decided to leave, my immigration filings would amount to a waste of money -- a considerable amount of money, roughly $1,500 for the I-130 and I-485. Also, once I knew what I was actually going to do I would be in a better position to argue that I had no intent to immigrate when I entered or married, but that (for example) my intent was driven by the amazing job offer I received toward the end of my program (and, although the employer could sponsor me on an appropriate employment visa it now made sense to immigrate....) Yes, I'll grant, you'll have more job opportunities in the U.S. if, when applying, you are already authorized to work in the U.S.

[annasun]

I very much appreciate your insight, Mr. Knowitall. I agree, it would be an ideal situation to wait and do as you said. It is an option, but not one I particularly want to take (if possible)..

I left out in my initial post that one of the reasons we decided I should apply for AOS is because there are some funding opportunities I want to apply to in order to carry out my research and as a bonus they would support my salary as a postdoc beyond the one-year contract I currently have. But I am ineligible for most of these as a non-resident. Getting any one of these funding opportunities would do wonders for my career development and transition to an independent scientist. There are, of course, similar opportunities in Canada, but I am ineligible for them because I am at a US institution (catch 22). In a difficult economic climate, I feel I am even more at a disadvantage given my non-residency status. So, I guess I am wondering if there is a way to apply for AOS in a few months (I am not wanting it until the fall-early winter) without a job offer, as you suggested? Obviously, all without raising suspicion of fraud.

Again, thank you for taking the time to respond!

[Mr. Knowitall]

It's effectively August. If you were to file in a few months... let's call it November. You submit your I-130 and I-1485. Let's assume that everything goes pretty smoothly and, sometime around February or March, you get approved. How much of an advantage does that give you in your job search? You would also want to talk to the immigration adviser for your academic program to ensure that your filing doesn't affect your eligibility to continue in your F1 OPT program. Also, keep in mind how your petition for permanent residency would affect any international travel plans.

Frankly, given the rapidity of your marriage after entry, I would suggest that you consult an immigration lawyer for advice before seeking permanent residency.