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Immigration Issues/Australian F1 marrying US citizen

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Question
I'm an Australian, currently residing in the US. I've recently completed my doctorate degree in the United States, and I will be starting my work as an Adjunct professor at a university under my OPT (optional practical training) from July. My fiance is a US resident, applying to become a citizen, and we're looking at getting married once he gets his citizenship. Will I still be able to retain my work position through either the fiancee visa and/or spouse visa once my OPT expires?

Answer
Hi,

Once you are married to a U.S. citizen, all sponsorship paperwork can be filed concurrently including employment authorization and advance parole document applications to allow you to remain legally in the U.S. and to work and travel independent of F1 (OPT) status. Thus, you will not be required to rely OPT for employment.

All sponsorship paperwork should be properly filed at least 3 months prior to expiration of your OPT in order to ensure that employment authorization (known as EAD, or employment authorization document) is issued to you on a timely basis so that there is no interruption in your employment.

The fiance(e) visa category is not applicable for two reasons: your fiance is not a U.S. citizen at this time, and you are in the U.S.

You can contact our law firm at 212-268-3580 during business hours, or email info@h1b1.com if you would like a proposal of legal fees and further guidance without obligation.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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