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STEM OPT Extension After Marriage to a US Citizen

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  • STEM OPT Extension After Marriage to a US Citizen

    I am working on OPT now, and I am wanting to apply for STEM Extension for 24 months because I have a MS in Computer Science and my initial OPT is going to expire soon.
    I am also married to an American citizen, but we have not applied for Adjustment of Status yet because collecting required documents takes time (especially tax stuff and joint sponsor stuff. My spouse failed to file tax returns in the past few years because a few employers my spouse worked for closed down without sending W2 forms, etc.).

    If I apply for STEM OPT Extension now, will my case get rejected solely because I have been married to an American citizen?
    Some people say yes because marriage to a US citizen carries an immigrant intent, but others say no problem because we have not applied for AOS yet, hence we haven't shown any immigrant intent.

    If there is no problem, I would like to apply for STEM OPT Extension to give us more time for AOS preparation.
    I talked to my DSO, and she said she thinks it should be okay because we haven't applied for AOS yet.

    Can someone please help? Thank you.

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