Options for my Boyfriend
Posted Thu, 03/08/2012 - 12:24 by jhart1984
I started dating my boyfriend about seven months ago. He graduated with a master's degree in Marketing and we received word that his OPT will expire in September. It's been 12 months and first, I don't understand why it's not 29 months. I found this:
"A modification to the Optional Practical Training (OPT) program was announced in April 2008, extending the period of the program from 12 to 29 months for qualified international students in the US under an F-1 visa. The OPT program allows F-1 visa students to work in the US in occupations related to their field of study."
He's already applied for the green card lottery, but aside from that, we wanted to know if we have any options besides marriage? I love him and I could see myself marrying him, but I'm a traditional American girl and wanted time to be engaged and plan a wedding. I've done some research and found the K-1 Visa information, but I don't know if that applies because he's currently living in the U.S.
He said that when he is illegal that we can still just date and get married later, but I'm afraid it will be more complicated than he thinks. We can't afford a lawyer and I just don't know what to do! I greatly appreciate any feedback!
Comments
Thank you
I'm not sure how to reply back to your comment but thank you for taking the time to do so. I didn't even know if I would get a response and while this is the conclusion I had already come to, it's nice to have that reiterated by someone who knows what they are doing. For now, we will continue to look for jobs that do offer the H1 Visa or make plans to wed. :) Again, thank you so much for letting me know matter of factly what we are working with. I always wonder if a common knowledge person like myself is missing something, some loophole and unfortunately, I'm not. You rock! :)
Jessica Hartley
I'm not sure but I am
I'm not sure but I am guessing the extended OPT simply doesn't apply in his case. It only applies to certain types of students. (The 12- and 14-month limitations do not apply to STEM (science, technology, engineering or mathematics) students who can obtain an additional 17 months (29 months total) of OPT if the employer is enrolled in the E-Verify program and agrees to report the student’s departure within 48 hours. 8 C.F.R. §214.2(f)(10)(ii)(C).)
His only option to obtain residency status as a result of his relationship to you would be if you got married. It would not be wise for him to remain in the U.S. beyond the expiration of his OPT.
He could look into other non-immigrant visa statuses through employment such as the H1B visa.
I hope this was helpful and best of luck to you.