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Mrs. JHH

Adjustment of Status and OPT grace period expired

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Filed: AOS (pnd) Country: Brazil
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Hi Guys, hope someone can help me out. This is my case in a nutshell:

I came to US with a J1 visa (Two years rule does not apply)in 2007. Changed to F1 visa in 2009, graduated in December 2011 and received my permission to work through OPT on Jan 23 2012.

I couldn't find a job within 90 days (90th day on April 23, 2012). I got married to my sweet husband yesterday :) (06/09/2012). I stayed in the US after my grace period for the opt was over, will this situation affect on the GC process? Does anyone got a GC under similar situation? Also, What should I put on Part 1 of the

I-485 where it asks "Current USCIS Status"? Expired? If so, Should I put on "Expire on" the date that I graduated from college - December 2011; the date that my OPT grace period ended - April 23, 2012; or the date on my employment authorization card -- 01/22/2013?

I am so confused!!! PLEASE HELP!

01/22/2011 - Met my now husband

06/09/2012 - Married the Best man in the world!


07/14/2012 - Mailed I-130 and I-485 packages

07/23/2012 - USCIS cashed our checks

07/25/2012 - Received Notice of Action letters for I-130, I-485 and I-765.

07/25/2012 - Received ASC Appointment Notice for biometrics. Biometrics scheduled for 08/14/2012 in Norfolk, VA.

08/07/2012 - Successful Walk-in Early Biometrics taken at a different ASC location (Alexandria, VA).

08/13/2012 - Called the FBI to ask about biometrics. USCIS have them!

08/27/2012 - Received Interview letter, Interview scheduled on Sept. 28th.

09/21/2012 - EAD card under production

09/28/2012 - Interview in Norfolk - No decision yet :(

09/29/2012 - EAD card received in the mail.

10/01/2012 - Case status updated - Approved! YAY!!!!

10/03/1012 - Card Production!!!!! YAAAAAAY!!!

10/10/2012 - Green Card received in the mail! It's beautiful!!!


ROC

7/7/14 - Package sent to Vermont Service Center

7/14/14 - USCIS received Package, USCIS sent first NOA

7/22/14 - ASC Appointment Notice Letter

8/15/14 - Biometrics done


...waiting and waiting and waiting...

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Filed: Citizen (pnd) Country: Indonesia
Timeline

Hi Guys, hope someone can help me out. This is my case in a nutshell:

I came to US with a J1 visa (Two years rule does not apply)in 2007. Changed to F1 visa in 2009, graduated in December 2011 and received my permission to work through OPT on Jan 23 2012.

I couldn't find a job within 90 days (90th day on April 23, 2012). I got married to my sweet husband yesterday :) (06/09/2012). I stayed in the US after my grace period for the opt was over, will this situation affect on the GC process? Does anyone got a GC under similar situation? Also, What should I put on Part 1 of the

I-485 where it asks "Current USCIS Status"? Expired? If so, Should I put on "Expire on" the date that I graduated from college - December 2011; the date that my OPT grace period ended - April 23, 2012; or the date on my employment authorization card -- 01/22/2013?

I am so confused!!! PLEASE HELP!

Congratulations on your marriage :)

Yes, there have been others in your situation. The overstay is usually forgiven for spouses of US citizen, barring any other red flags of course.

If the marriage is real and everything else is in order, overstay will most likely not affect your process negatively.

For current status, you can put "F-1, overstay". For expiration I would put the end of grace period.

Book your medical/civil surgeon appointment, get all your paperwork together, and file the i-130 & 1-485 concurrently as soon as you can.

The sooner you send this off, the sooner you can relax and just enjoy being newly weds! :)

Good luck!

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
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  • 1 month later...
Filed: AOS (pnd) Country: Brazil
Timeline

Congratulations on your marriage :)

Yes, there have been others in your situation. The overstay is usually forgiven for spouses of US citizen, barring any other red flags of course.

If the marriage is real and everything else is in order, overstay will most likely not affect your process negatively.

For current status, you can put "F-1, overstay". For expiration I would put the end of grace period.

Book your medical/civil surgeon appointment, get all your paperwork together, and file the i-130 & 1-485 concurrently as soon as you can.

The sooner you send this off, the sooner you can relax and just enjoy being newly weds! :)

Good luck!

Aww, Thank you so much for your note and sorry for the late reply!

I sent everything today, now we are just waiting :)

By the way, I but F1 - out of Status and Expiration date: Duration of Status (since that's what it is written on my I-94)

Thanks a lot !

:)

01/22/2011 - Met my now husband

06/09/2012 - Married the Best man in the world!


07/14/2012 - Mailed I-130 and I-485 packages

07/23/2012 - USCIS cashed our checks

07/25/2012 - Received Notice of Action letters for I-130, I-485 and I-765.

07/25/2012 - Received ASC Appointment Notice for biometrics. Biometrics scheduled for 08/14/2012 in Norfolk, VA.

08/07/2012 - Successful Walk-in Early Biometrics taken at a different ASC location (Alexandria, VA).

08/13/2012 - Called the FBI to ask about biometrics. USCIS have them!

08/27/2012 - Received Interview letter, Interview scheduled on Sept. 28th.

09/21/2012 - EAD card under production

09/28/2012 - Interview in Norfolk - No decision yet :(

09/29/2012 - EAD card received in the mail.

10/01/2012 - Case status updated - Approved! YAY!!!!

10/03/1012 - Card Production!!!!! YAAAAAAY!!!

10/10/2012 - Green Card received in the mail! It's beautiful!!!


ROC

7/7/14 - Package sent to Vermont Service Center

7/14/14 - USCIS received Package, USCIS sent first NOA

7/22/14 - ASC Appointment Notice Letter

8/15/14 - Biometrics done


...waiting and waiting and waiting...

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  • 1 year later...

Hey Mrs. JHH, have you heard anything from immigration yet? I am in a similar situation. I found a job but it is less than 20hrs which violates the requirements. I have accumulated almost 90 days and will have to get married to my fiance sooner than we had expected. Have you had any problems with your paper work?

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