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Old Jan 23rd 2012, 1:08 am
  #16  
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Default Re: Newbie!

Originally Posted by AHarris05
I am currently in a long term relationship with an American girl, and obviously there's the option of marriage for visa and I've read over the forums about that. But I don't want to get married for a visa....
How about getting married so that you can both live in the same country, though? Doesn't that sound reasonable?

As for your plan, you can go along as you are until maybe mid-way through your OPT. Then get married and file for your adjustment of status. That way, you don't have to get married so quickly, but you'll get married in time so that you don't have to leave the USA, you can just continue staying here.

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Old Jan 23rd 2012, 1:16 am
  #17  
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Default Re: Newbie!

Originally Posted by AHarris05
Say for example (and fingers crossed ) I were to propose and she say yes. If the process takes longer to complete than the end date for my OPT year, would I have to go home?
No. Once you file for AOS, you can legally stay in the USA until your AOS is adjudicated. The smart thing to do would be to file AOS about 6 months prior to your OPT ending, so you won't even be worried about whether you can stay or not...you'll probably have your green card by the time OPT ends. Of course, that's a few years down the road, it seems...and USCIS could speed up or slow down in the AOS category, there's no way to predict.

Or are you able to reside/work within the USA while the paperwork you mentioned is processed?
Yes, you can reside/work in the USA while your AOS is processing. You can work on your OPT and then when you get your EAD in hand (about 90 days after filing AOS), then you can work for any employer.

I've read on the marriage forum that you can't stay in the US while the stuff is being processed.
Link, please? I think you were reading about something other than AOS.

Also theres a time gap between being engaged and actually getting married, so at which point do you start doing the paperwork?
There's only a time gap if you want there to be one. That said, no AOS paperwork can be filed until you are legally married (not just engaged).

That's really my main issue regarding the marriage option, the timing of everything.
With immigration, sooner is probably better, since you can't predict what will happen in the future. But don't get married until you're emotionally ready, for your own sake, regardless of immigration. Maybe you should get married and start the AOS paperwork several months before you graduate. I mean, what if you don't get an OPT job, and you also haven't filed AOS?

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Old Jan 23rd 2012, 3:57 pm
  #18  
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Default Re: Newbie!

The work-sponsored visa route is difficult, time consuming, stressful and also offers you little in the way of stability and security. Lose your job and you're on the next flight home.

Not to mention that due to the high costs (which must be paid by the employer) and slow timescales it puts you at a serious disadvantage in the employment market.

Getting married is BY FAR the most sensible route, if perhaps not the most romantic.

What people often forget is that although you may have to get 'officially' married earlier than you might want, this is in paper only. There's no need to rush the 'big day' ceremony and festivities - you can do that as and when you are ready (and when you have the money to afford it). Your relatives are British and are far more concerned with the bevvy and food than whether or not you signed the documents on the same day as the ceremony!!
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Old Jan 23rd 2012, 3:58 pm
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Default Re: Newbie!

Oh yeah, and getting married offers a MUCH quicker and easier path to permanent residency, which is something you should consider if you like it here.
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