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  1. #1
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Immigration for a Spouse Married Shortly After Graduation

    You honestly need to be consulting with an immigration attorney. If you were definitely remaining in the US the situation would be less complicated. However, with your intent to spend a few years in Germany the situation gets infinitely more complicated.

  2. #2

    Default Re: Immigration for a Spouse Married Shortly After Graduation

    Yes, I understand. We have already emailed 4 different local attorneys with specialties in immigration law and are awaiting a response. We would choose to stay in the US over Germany if this would be too much of a problem because it is more important to be together to both of us. If you can give any advice on my below questions with this assumption it would be tremendously helpful:

    I was slightly incorrect above; her graduation is on May 23, her visa expires on May 25 and her return flight is on May 31. So she is already overstaying her visa by 6 days, will this be a problem? We are submitting the OPT application this week to USCIS, but it says it takes 2-3 months for processing; if we do not receive these documents before her visa expires (May 25) would it be better for her to stay here to keep looking for work or go back to Ecuador on her scheduled flight? Would she be penalized for overstaying her visa or would she be alright since she would be continuing her F1 status using OPT? We read that she has 90 unemployment days to keep looking after issuance of OPT but also that if she leaves and tries to come back without a job offer letter that she might not be granted her visa extension. Is it better to try to get her visa extended now (before she has the OPT EAD issued, if this is even possible), to overstay her visa waiting for the OPT and hopefully find a job, or to return to Ecuador on her scheduled flight whether or not her OPT is approved by then?

    If we decide to get married at the end of May and submit the Adjustment of Status forms, would it be better for her to overstay her visa or return to Ecuador? Could she be penalized for overstaying if we are legally married and have the paperwork mailed before her F1 visa expires? If it's better for her to return, then should we use the K1 visa instead?

    Thanks for any answers you can give.

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