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  1. #1
    Join Date
    Nov 2008
    Posts
    3

    Question Marriage to US Citizen While on OPT

    Hey all,

    I am an F-1 student, about to finish graduate studies in NY and receive my OPT's work permit (effective on the first week of Jan 2009). My F1 visa has been expired since this June, but my I-20 is obviously valid. That being said, my fiancee (U.S. citizen) and I are planning to get married during the last week of Jan 2009.

    So my questions are:
    1. What steps do I need to take to obtain work permit and permanent stay through marriage?
    2. OPT requires me to be employed 90 days after its start date, at the latest. Does marriage before such 90 days immediately nullify this requirement?
    3. My fiancee doesn't meet the 125% minimum on the Poverty Guidelines. However, my personal bank account thoroughly does... thanks to family funds/deposits. What can be done?

    Thanks!

  2. #2
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Marriage to US Citizen While on OPT

    Please note:
    - I entered the country 100% legally
    - We currently live together in NY and plan to get married in the area. Does the 125% minimum still apply to my US citizen wife after we're married?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Marriage to US Citizen While on OPT

    You marry, petition to adjust your status based on marriage and apply for EAD. The moment the USCIS receives your petition to adjust your status you will lose your F1 status. If your fiancé doesn't have the necessary resources to sponsor you, consider an alternate sponsor or cosponsor.

  4. #4
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Marriage to US Citizen While on OPT

    Are the Poverty Guidelines requirements before tax, or after tax?

    Before tax, my fiancee works full-time at $8.5 / hr... which translates into $17680 annual. This is just $180 above the requirement.

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