Have a question about AOS

[Estrellalin 0]

Before I got married, I was holding F-1 student visa (for M.S degree). My visa won't be expired until 2013. And my I-94 was stated "Duration of stay."

However, according to what school told us, 60 days after the last day of school, as long as the international student who doesn't hold OPT status needs to leave the U.S

Me and my husband had been together nearly 7 years. And because of other reasons our wedding was in the middle of Jun. My last day of class was around mid April.

Also because we did everything by ourselves; therefore, our package wasn't mailed until early Sep. (trying to be cautious)

That makes me 5 months after the last day of my school. Even though I called USCIS before and the PBX person told me I can do AOS.

But by then when she asked me about my I-94 expiration date, I didn't give her the information because i didn't know about it.

Anyway, I've been mailed everything out and we've got our NOA1 and my biometrics appointment. Now we're waiting for my bio appointment on Oct 27th.

I've read on the forum that some people got deported( or AOS got denied) because of their overstay.

Do I need to worry about my situation? Coz I'm always concerned about that...

Btw, I'm just a normal international student. No criminal history. Only got one traffic ticket and a couple of parking tickets ('Coz I used to work in South Beach, Miami.)

My husband works for California law enforcement...

Never had my visa rejected by US embassy or anything...

[Neal851 3]

You missed your great opportunity of AOS from F-1 status. And after last day of your class ,u have 90 days period not 60 days. Within 90 days u have to get any job in ur field. You can do this by paying some money to any agent/consultant in ur ares.They can register your OPT and thus you can get ur OPT status valid upto 2 years.

Now about ur overstay, as i heard that if u lived more than 180 days of ur over stay then it can create some problems.But as u said,ur husbnad is working with low enforcement agency then i think he should know about this issue. Sorry i dont know more about it. Let see what other people says.

[Estrellalin 0]

You missed your great opportunity of AOS from F-1 status. And after last day of your class ,u have 90 days period not 60 days. Within 90 days u have to get any job in ur field. You can do this by paying some money to any agent/consultant in ur ares.They can register your OPT and thus you can get ur OPT status valid upto 2 years.

Now about ur overstay, as i heard that if u lived more than 180 days of ur over stay then it can create some problems.But as u said,ur husbnad is working with low enforcement agency then i think he should know about this issue. Sorry i dont know more about it. Let see what other people says.

My husband has no clue about this. He works for the sheriff department, that's it. In fact, the whole it was me waiting for him get ready for the documents...

I had been pushing him to get ready faster all the time before.

I was just confirming about my overstaying. So our last day of class was April 24th. Three months after would be around July 24th. Our package was delivered in Sep 9th.

So that makes me about 50 days overstay...

Oh boy... Hopefully I'll be ok...

[Deputy Purple 1,294]

The recent changes regarding AOS Denials & deportation of Overstays is with Visa Waiver Program Overstays.

Since you entered on a valid Visa if your AOS is denied then you have the right to appeal the decision. VWP entrants forfeit any right to appeal by using the VWP.

You shouldn't worry...

[JimVaPhuong 4,863]

My husband has no clue about this. He works for the sheriff department, that's it. In fact, the whole it was me waiting for him get ready for the documents...

I had been pushing him to get ready faster all the time before.

I was just confirming about my overstaying. So our last day of class was April 24th. Three months after would be around July 24th. Our package was delivered in Sep 9th.

So that makes me about 50 days overstay...

Oh boy... Hopefully I'll be ok...

The overstay is irrelevant, and would only be relevant if you were already in removal proceedings at the time of the marriage. As Bob said, the risk of immediate deportation is for people who entered using the Visa Waiver Program. You entered with a valid visa, there is no restriction against adjustment of status imposed by your visa, and you are an immediate relative of a US citizen. They can't use the overstay to deny your AOS.

Also, there's no reason to believe a local law enforcement officer would know anything about federal immigration law. They wouldn't be required to study federal laws unless they were required to enforce them.