Sylvia Ottemoeller

"AngelaZ" <member23219@british_expats.com> wrote in message
news:...

    > Thank you so much for your reply, mabybe I
    > didn't state clearly, the problem is my OPT will expire on July. If I
    > marry him after July, will I get any problem ?

Yes, you will probably have a big problem, unless you can get H-1B status
right away.

My status will be a
    > visitor after July,

You cannot get B-2 (visitor's status) without doing one of two things:
leaving the U.S. and re-entering in visitor's status, or filing I-539 asking
to change from F-1 to B-2 status. While Form I-539 is pending, if you leave
the U.S., you will abandon the I-539 application.

You don't sort of automatically drift into visitor's status. The U.S.
government has to take a look at your situation and decide whether you
should hold visitor's status.

Someday probably three years after when I apply GC
    > based on the marriage, will I have any problem?

B-2 status is generally granted for 6 months maximum time. If a Canadian
visitor does the usual crossing the border without paperwork, he or she is
deemed to hold B-2 status valid for 6 months. After that 6 months, unless
you have applied for an extension of status, or applied to change to another
status, you will have violated your temporary status in the U.S.

Also, if a person intends to remain in the U.S. permanently, as you will,
and does not disclose that fact at entry, the person may get into trouble
later for misrepresentation. And if the person *does* disclose the intent,
then the entry as a visitor will probably be denied because it is improper.

I guess my status on
    > the marriage date will be checked , and asked for the evidence of my
    > status when I marry him , if I tell them I was a visitor in the US then,
    > is that all right?

If you remain in the U.S. continuously until your spouse becomes a U.S.
citizen, then there is a way that you can get permanent resident status in
spite of the long violation of status. However, if you choose this path,
you cannot leave the U.S. for all that time, and you cannot be employed for
all that time.

    > But if I marry him before OPT expiration, I have F1
    > OPT status when I marry, and think it will be much better, isn't it?

No. Such a marriage does not give you any immigration benefit, other than
being able to get permanent resident status 6 or 7 years later (based on a
permanent resident spouse), or perhaps during 2007 sometimes (based on
spouse who becomes a U.S. citizen in 2006). In fact, the marriage will
count against you for the purpose of extending B-2 status, or changing to
any other status except H-1B which allows permanent intention, or travel
outside the U.S. and re-entering. All these actions will be difficult or
impossible.

Here are your original questions:

1)if I will marry him before
F1 expiration on July, then apply GC based on marriage, how long the
application will be taken for processing in california?

6 or 7 years, or 2007 or 2008, depending on choices.

Where shall I
stay when the application is in processing?

The proper place for you to stay is Canada, unless you qualify for a status
in the U.S. that allows permanent intent.

(Note: my boyfriend is not
US Citizen yet), when application is still processing, can I apply TN if
I got a job offer?

If you are already married when you apply for TN status, the status will
probably be refused, because it requires temporary intention. Also, TN
status is granted for one year at a time. You may get your first period of
TN status before you have married, without a problem. However, when it
comes time for you to extend TN status, either inside the U.S. by having
your employer file Form I-129, or by leaving the U.S. and entering in a new
one-year period of TN status, you may have your request refused because you
have married a U.S. citizen.

2)if I will marry him after F1 expiration, ie, I am
in US as a visitor on September, will I get any problem when I applying
GC based on marriage?

"Apply GC" will consist of two steps: your spouse filing Form I-130, which
can be done right after the marriage, and you applying for permanent
resident status, either inside the U.S. or outside the U.S. The second step
cannot be done until either the quota has been reached for the Family 2A
category (that's where I get the 6 or 7 year figure), or until your spouse
has become a U.S. citizen. As I said above, there is a way for you to take
the second step and get PR status, even though you have violated status, but
the consequences of that path are not desirable: you cannot leave the U.S.
for all that time, and you cannot be employed for all that time.

How long can I legally stay in the US after
submitting the GC application?

Yes, if you hold H-1B status.

Can I go outside the US during the time?

Yes, if you hold H-1B status.
__________

This is a complicated problem. I suggest that you consult with a good
immigration attorney.