Will slight F1 visa/OPT overstay be forgiven?

[dirtyweebesom 8]

My American-born husband and I got married in April of this year. We should have filed the AOS immigration paperwork ages ago, but unfortunately my husband had to undergo emergency eye surgery which used up all the money we had set aside for the filing fees.

My F1 visa expired in May, but I was entitled to stay legally until mid-July (because of the date on my OPT EAD).

We finally managed to save up all the money again, and so I sent everything off by Fedex today (November 4th).

I've heard that F1 overstays (in my case, it was 3.5 months) will be forgiven if you're adjusting status through marriage. Is this true?

[JERIII 8]

My American-born husband and I got married in April of this year. We should have filed the AOS immigration paperwork ages ago, but unfortunately my husband had to undergo emergency eye surgery which used up all the money we had set aside for the filing fees.

My F1 visa expired in May, but I was entitled to stay legally until mid-July (because of the date on my OPT EAD).

We finally managed to save up all the money again, and so I sent everything off by Fedex today (November 4th).

I've heard that F1 overstays (in my case, it was 3.5 months) will be forgiven if you're adjusting status through marriage. Is this true?

It is true. Essentially all overstays are forgiven if you are adjusting status thorugh marriage to a citizen.

[dirtyweebesom 8]

Well, that's good to know. I thought so but wanted to make sure. I also sent a cover letter explaining the situation with my husband's eye surgery which ate away at our savings so they'll know why we filed later than we should have.

[Mister Jeeves 4]

Good luck to you. I recently successfully completed the AoS process from F-1. I hope everything goes smoothly and in a timely manner for you.

Best....Brendan

[Chica Yeyé 41]

You should be fine, indeed

[dirtyweebesom 8]

Thanks, Brendan and Len. Wow, Brendan, I looked at your timeline - things seemed to go very quickly for you. I hope that I'm as lucky!

[Mister Jeeves 4]

It sure did. A lot faster than I anticipated. Maybe they liked the cut of my jib. I developed a brief obsession with the USPS postman/woman delivery schedule to see if there was anymore beautiful paperwork. I'm sure you'll catch the bug too.

Keep us updated!

[dirtyweebesom 8]

Brendan, I had to look up the phrase "the cut of my jib", as I'd never heard it before! I must use it myself now...

Yes, immigration certainly must have liked the "cut of your jib"...or maybe it's your Celtic charm! Let's hope I've got that going for me, too!

[Mimino 2]

you can legally be in the country 2 or 3 months after your opt is over