I am a USC wanting to marry a girl on F1 Visa and have a question regarding status


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Hello. I am a USC and met a girl who is here sstudying on her student visa (F1). She will be graduating in August 2017 and know that F1 status is valid 60 days after she finishes school. I will be marrying her later this year and doing AoS but don't want to run into the issue of her F1 being out of status as we await for AoS. When will she be considered valid to remain in the US awaiting AoS , in the case her F1 does expire? Is it when the form I 485 is submitted? Any advice would be greatly appreciated. Thank you in advance.

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This is my understanding and please double check this data, but here you go.....


(1) Once you guys get married , and you file for her I-185 ( and I-130 I believe), and once you get the "receipt" , she should be "in-status".

Note that being "in-status" or "out-of-status" doesn't really matter to immediate relative of a USC. And once you guys get married she is ok to stay in US legally, even though she would be "out-of-status" , but again that shouldn't matter.


(2) Would she get an OPT after completing her studies? That should extend her student status in US. No?

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