I have a follow-up question to this, hope you don't mind :) Who decides whether an OPT job is "directly related" to your field of study? I never saw any specific guidelines anywhere, so I just ran every job offer I got by my school's international student adviser. I graduated with a degree in international relations, global studies and political science. It's a bit of a broad major. I worked doing sales in a store at an international cruise ship port in Alaska, and then transferred to manage the company's store inside a hotel in DC. Before taking the offer, I ran it by my international student adviser, who said "that's 'international', you'll be fine, enjoy!" The employer didn't specifically require a bachelor's degree, but preferred it as I had little experience in sales and store management. Obviously, this was not directly related to political science part, but since at least 50% of the clientele were international tourists (and the rest US tourists), I did consider it international relations/global studies. I've also been aiming to work in tourism/hospitality, and currently work for a hotel chain, but my major isn't really "directly related." On my G-325A that was filed along with the I-130 package, my position just says "tourist related sales." Is this something I should stress about at my upcoming CR-1 visa interview (Been married to a US citizen for 1 year and a half)? My worst case reasoning: The consular officer decides this job was not directly related to my major, and decides the work was illegal. Thus making me a student visa violator. 5 year bar..
State/Country relating to question: Sweden
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
NO bar so take that off your worry plate right now.
It is questionable whether any of these jobs were related to your major. But it doesn't matter!
Adjustment of status based on Marriage to a US citizen is one of the exceptions to the general rule that you may not have had any status violations to be eligible to adjust.
So regardless of whether the jobs were related to your degree or whether you worked at all, or even if you dropped out of school and were here totally out of status, you would be allowed to adjust your status based on your marriage to the US citizen!
So you are worrying about nothing and there is no 5 year bar for a student status violation unless you were brought before a judge and deported. You will not and have not had such an experience.
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Ps - I'd call your job:
International marketing relations
Thanks! The G-325A was submitted 6 months ago though, so too late!However, I am not adjusting status. I'm applying for a CR-1 visa based on an approved I-130 petition filed by my wife. I'm applying from outside the US at the Embassy in Stockholm. So, if deemed by the consular officer to have violated the visa terms, wouldn't it potentially trigger a bar?That's where the fear of bars come from!
Well it is still international marketing relations and the jobs were approved by the DSO at your school so I really do not think you have anything to worry about.Honestly, the consul has 15 minutes for your case. They are not going to go into your student history other than to determine that you departed at the end of your OPT and withing the 60 day grace period!They will focus on the marriage as that is the issue at hand and the most critical of the issues.In 15 minutes they have to determine it is a good faith marriage, enter everything electronically in the computer, review your passport and recommend the case for approval.They will not have time to ask you about your OPT work! It is outside the scope of the matter before them.Judith
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The information provided is general in nature and should not be construed as legal advice or to create an attorney-client relationship. The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice. By accepting you agree you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.
33 yrs attorney on all nonimmigrant & immigrant visas
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