Am I still in Status and Eligible to file AOS

[scarlett1986 0]

Hello,

I'm an international student came to U.S. on an F-1 (student) VISA. My U.S. VISA expired in Jan. 2009 already, but my I-20 still in status until Auguest 21, 2009.

My husband and I got married last week, and we are ready to apply for my green card (before my I-20 expired). I decided to go with AOC (Adjustment of Status), but when I was filling out the I-485 form, I noticed it only eligible for people who still in U.S. under authorized period.

I got confused about my own status --- Expired VISA & In status I-20. So am I still considered to be in status? am I still able to file my green card application through AOS?

And, even if I'm still eligible to file AOS. I know it's going to take 2 or 3 month for the Immigration office receive and approve the application. But by then my I-20 will be definetely out of status either.

Will that matters?

Thank you

[strangerinamerica 0]

Hello,

I'm an international student came to U.S. on an F-1 (student) VISA. My U.S. VISA expired in Jan. 2009 already, but my I-20 still in status until Auguest 21, 2009.

My husband and I got married last week, and we are ready to apply for my green card (before my I-20 expired). I decided to go with AOC (Adjustment of Status), but when I was filling out the I-485 form, I noticed it only eligible for people who still in U.S. under authorized period.

I got confused about my own status --- Expired VISA & In status I-20. So am I still considered to be in status? am I still able to file my green card application through AOS?

And, even if I'm still eligible to file AOS. I know it's going to take 2 or 3 month for the Immigration office receive and approve the application. But by then my I-20 will be definetely out of status either.

Will that matters?

Thank you

Probably the best advice anyone could really give you would be for you to see a lawyer, as soon as possible.

The USCIS won't take 2 or 3 months to receive and approve the application. They'll receive it on the day it's received, and that will be noted because you will have the sense to send it as a signature required recorded delivery. Right?

The approval could take many months, not a couple or 3 as you stated, and don't worry, you'll be having an interview with them first.

If you're actually "out of status" when you apply for AOS then the likelyhood of your permanent residence approval being granted goes down, severly, and so do your chances of staying here.