I-130 petition and opt confusion

Question

I-130 petition and opt confusion

Anonymous Mar 31, 2014 2 views 2 answers

I'm currently a F-1 student. My wife is a permanent resident. My wife had filed an I-130 petition for me which got approved. Now we are waiting for the national visa center. And I 'm graduating within few months, but I'm confused if I have to file for opt or not. And what status will I be in after I graduate since my I-130 is already approved?

Carl Michael ShustermanImmigration AttorneyLos Angeles, CA · Answer 1 · 2026-06-15T11:02:40+00:00

You will still be in F-1 status. However, beware, because F-1 is a single-intent (no intent to remain in the U.S.) status, and you are obviously not planning to return to your own country.

Mary Morrison · Answer 2 · 2026-06-15T11:02:40+00:00

You need to consult with a competent immigration attorney. Your wife's approved petition does not give you any new or better status in the U.S. If you fail to maintain a valid nonimmigrant status, you could be barred from getting a green card via this petition in the U.S. in the future. It could be several years before NVC contacts you because a visa has become available.

I-130 petition and opt confusion

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