Woodbridge, NJ Immigration Law Firms & Lawyers

I will assume for purposes of your question that you are a US citizen and that your immediate relative spouse has been denied an immigrant visa. In that case, the consular officer would generally notify your spouse as to whether she is eligible to file for a waiver of excludability. If the ground of denial was fraud or misrepresentation, she would have to file an I-601 application to waive the ground of exclude ability. If she was previously deported from the US, she would have to file form I- 212 request for advance permission to reapply after deportation or removal.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

There is no immigration law prohibiting marriage following expiration of one's OPT status, whether before or after the end of the "grace period." Additionally, when a U.S. citizen becomes married to a foreign national who entered the U.S. lawfully and with inspection (such as with an F1 visa), the couple can succeed in the adjustment of status application process so that the foreign national spouse can become a U.S. Lawful Permanent Resident (get a "Green Card"), and this is true regardless of whether the application is filed after expiration of the foreign national's nonimmigrant visa (and even if that person may have become employed without authorization). Of course, there are many other details for adjustment of status eligibility. Also, failure to properly prepare the multiple relevant applications and to provide a full set of supporting documents can cause significant delay or even more harsh consequences. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant details about you and your fiance?, would be able to advise about eligibilities, options and strategies and would be able to offer legal representation for the application process.