AOS for OPT holder engaged to US Citizen,

[aknowle]

I am currently working in the US on my OPT which expires at the end of May, 2012; and I am also engaged to an American citizen. We are trying to set a date for our wedding and we are hoping to get some help with the following questions:

1a) is it possible for me to apply for an adjustment of status before we are married (other than a fiance visa)? (this might be a stupid question but I figured since I am already on my OPT it might be doable).

1b) how long does it typically take for my status adjustment to be completed and for me to become eligible to work in the US again? I have heard that it takes about 3-months to receive an EAD following an application but did not know if that applied for someone who already has an EAC through OPT.

2a) must we be married in the united states for it to be recognized here or can we be married outside of the states? I am a Bahamian and we were considering getting married in the Bahamas.

2b) If we must be married in the US for me to then apply for AOS, does it matter what state we are married in?

3) Am I more attractive to an employer while on my OPT or with a green-card/EAD acquired after applying for an AOS following my marriage to a US citizen?

This is all very confusing for us and we really appreciate any help that can be offered in relation to the above questions. I hope they make sense and aren't as confusing as the AOS process seems to be. Thank you very much in advance for any assistance you can offer us regarding our situation!

[redgreenbluee]

please consult a lawyer.

you can only apply I-765 EAD after getting married (apply I-130/485/765/131).

you are correct, it takes 3 months on average to get EAD after filing I-130/485/765/131.

you can get married in another country, marriage certificate is needed to start your GC.

it does not matter which state in the US you get married.

it should depend on the employer, but technically it should not matter if you have EAD work authorization.

I am currently working in the US on my OPT which expires at the end of May, 2012; and I am also engaged to an American citizen. We are trying to set a date for our wedding and we are hoping to get some help with the following questions:

1a) is it possible for me to apply for an adjustment of status before we are married (other than a fiance visa)? (this might be a stupid question but I figured since I am already on my OPT it might be doable).

1b) how long does it typically take for my status adjustment to be completed and for me to become eligible to work in the US again? I have heard that it takes about 3-months to receive an EAD following an application but did not know if that applied for someone who already has an EAC through OPT.

2a) must we be married in the united states for it to be recognized here or can we be married outside of the states? I am a Bahamian and we were considering getting married in the Bahamas.

2b) If we must be married in the US for me to then apply for AOS, does it matter what state we are married in?

3) Am I more attractive to an employer while on my OPT or with a green-card/EAD acquired after applying for an AOS following my marriage to a US citizen?

This is all very confusing for us and we really appreciate any help that can be offered in relation to the above questions. I hope they make sense and aren't as confusing as the AOS process seems to be. Thank you very much in advance for any assistance you can offer us regarding our situation!

[Belle]

1a) No.

1b) You may use your OPT while EAD is pending, provided the OPT is within its validity dates. EAD takes up to 3 months, but may take shorter.

2a) Does not matter (well, to be sure you can get the list of countries with records recognized by the US, but I am about 500% sure the Bahamas are on it). The bigger question is a) whether you will be able to enter the US after your marriage and b) whether you need to wait for 90 days after entering the US as non-immgrant before filing for AOS.

2b) No difference whatsoever.

3) By law, the employer may not treat you differently based on the documents you have as long as you are authorized to work in the US. If that happens, document and sue for discrimination based on immigration status. The fact that your dociments have an expiration date does not matter.

Consult a lawyer about entry into the US after your marriage. I had a friend who went on a Carribean honemoon after being married to a citizen while on OPT, and they figured it out. I guess you just need to know what to say [and what not to say] when you cross the border.

[pontevecchio]

1. NO. You can only apply after Marriage.

1b. About 6 months for the GC. 2-3 months for the EAD/AP. In your situation you can continue working on OPT till the AOS is decided.

2. You can be married anywhere in the world. Let a Lawyer do the heavy lifting.

[JoeF]

You have to be married to have an I-130 and I-485 filed.

[aknowle]

Thank you all so much for all your insight and the prompt response! We really appreciate all of the help! Thanks Again!