OPT vs. Marriage for Visa Extension on an F1 Visa
As a student on an F1 visa, planning to return to your home country in December and hoping to stay with your American boyfriend, you are faced with a critical decision: should you extend your stay through an Optional Practical Training (OPT) visa for January, or should you get married to your boyfriend before you leave in December?
Considering the Marital Option
The idea of marriage might seem appealing for several reasons. However, it's crucial to understand that marrying your American boyfriend for the sole purpose of obtaining a visa or a green card is highly questionable. USCIS (United States Citizenship and Immigration Services) specifically monitors for fraudulent marriages to prevent abuse of the immigration system. If your true intentions are exposed, your marriage might be declared fraudulent, leading to deportation and a permanent ban from re-entering the United States. Additionally, your boyfriend could face severe penalties.
Understanding the OPT Alternative
An OPT visa is a more straightforward and legally sound option. OPT allows you to work in the United States for up to 12 months after completing your degree, provided you maintain your F1 status. Here are key points to consider:
Timeliness: If you marry in December and try to return in January, your marriage could be seen as having immigration intent, invalidating your non-immigrant visa. Green Card Application: If you opt for a green card sponsored by your boyfriend, it requires a significant amount of time, usually over 90 days, to process an advance parole request for re-entry into the United States. Given that it takes time for USCIS to process these applications, you might not have enough time to get approval before you leave in December. Waiting Period: If you choose OPT, and plan to marry your boyfriend upon your return, wait at least three months before getting married. Any attempt to do so immediately after your return could be flagged as immigration fraud, even if you intend to stay in the United States for a longer period.Strategies and Considerations
To make the most of your situation, here are a few strategies:
Expand Your OPT Period: If you currently have an OPT, try to extend it by working for an additional three months before you leave in December. This can give you a buffer period before returning to your home country. Seek Professional Advice: Consult with an immigration lawyer to ensure you follow the correct legal pathways and avoid any fraudulent activity that could jeopardize your future re-entry. Prepare for Advance Parole: If you intend to marry and sponsor a green card, ensure you file for advance parole in a timely manner, as this can take up to several months to be approved.Ultimately, honesty is the best policy. While OPT might not seem as glamorous as marriage, it offers a clear and legally sound path forward. An honest approach can be pragmatic and protect your future in the United States.
Conclusion:
While love is undoubtedly wonderful, it’s essential to approach your visa extension decisions with careful consideration. Marriage to obtain a green card or visa should be based on genuine intentions to avoid potential legal issues. For the time being, exploring OPT and seeking professional advice can provide a more pragmatic and secure path forward. Stay informed and make informed choices to ensure your future in the United States.