AOS being out of status (?)

[Mrs. JHH 3]

This is my situation:

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!

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[sciencenerd 56]

I'm not sure what you should put for the status question - my wife (who overstayed almost 4 years from tourist) put "duration of status" since that's what our lawyer said applied to Canadian tourists. I assume the response would differ in your situation. However, I do know that it should not impact your AOS. Don't leave the US until you get your green card if you've been out of status for 180 days or longer or you'll get a ban. It is allowed to adjust status from an overstay as long as there was no intent to circumvent immigration lawyer by using a non-immigrant visa for immigration (and, even then, I've never seen the "intent" issue really be an issue at or if it even comes up). Hopefully someone else will advise you on how to fill out the form, but don't worry about the overstay negatively impacting your application. Good luck.

[Mrs. JHH 3]

I'm not sure what you should put for the status question - my wife (who overstayed almost 4 years from tourist) put "duration of status" since that's what our lawyer said applied to Canadian tourists. I assume the response would differ in your situation. However, I do know that it should not impact your AOS. Don't leave the US until you get your green card if you've been out of status for 180 days or longer or you'll get a ban. It is allowed to adjust status from an overstay as long as there was no intent to circumvent immigration lawyer by using a non-immigrant visa for immigration (and, even then, I've never seen the "intent" issue really be an issue at or if it even comes up). Hopefully someone else will advise you on how to fill out the form, but don't worry about the overstay negatively impacting your application. Good luck.

Thank you very much for your note. I will look more into it!

Edited June 11, 2012 by Mrs. JSH

[Ontarkie 14,225]

moved to Adjustment of Status from Work, Student, & Tourist Visas

[ChrisPG 30]

This is my situation:

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!

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1) Overstaying your grace period is a non-issue as it is forgiven when married to a USC.

2) I am/was also an out-of-status F1 student. I just wrote "F1" in current status-- I don't think it makes much difference as they will find out that you are out-of-status anyway when they run their checks.