On OPT, but VISA is expired. Still Adjustment of status?

[hollywoodwalk 0]

This is my case:

I am on OPT right now after graduating in June 2012. Technically my VISA in my passport has expired even though I am legal in the states. Does this mean that I can apply for adjustment of status still, even though the passport VISA is expired?

I've been dating my boyfriend for four years and we are now talking about getting married before my OPT expires in August. I still have a 2 months grace period so technically I need to leave the country by October.

Side note: if you have more information about this and could send me some links or your e-mail, it would be highly appreciative. The paper work is a jungle and we cannot afford a lawyer right now.

Thank you!

[Alaska2012 462]

Get married ASAP and adjust status. Don't leave the country until all the paper work is done. You find all the info you need in the guides here on VJ.

[Newbie608 103]

Is the passport expired as well? The expired visa will not be a problem but im not sure about the passport. The passport has to be valid. If the passport is expired, just go ahead and get a new passport and send copies of both expired/ valid passport with your application

[hollywoodwalk 0]

Get married ASAP and adjust status. Don't leave the country until all the paper work is done. You find all the info you need in the guides here on VJ.

Thanks for your reply! I will look through all the guides. I find this very confusing

I really want to get married right away. I did however want to wait till my family visits this summer and could attend.

It is all so complicated.

[hollywoodwalk 0]

Is the passport expired as well? The expired visa will not be a problem but im not sure about the passport. The passport has to be valid. If the passport is expired, just go ahead and get a new passport and send copies of both expired/ valid passport with your application

It expires in August so I guess I have to take care of that as well.

Thanks

[newacct 688]

Is the passport expired as well? The expired visa will not be a problem but im not sure about the passport. The passport has to be valid. If the passport is expired, just go ahead and get a new passport and send copies of both expired/ valid passport with your application

Passport does not have to be valid.

[galeface 0]

Since you're allowed to stay in the US until your OPT expires, you don't have to worry. It's still an adjustment of status, your expired visa just means you shouldn't travel outside the US (it'll make it really tough to get a visa renewal since you technically finished your studies and don't need an F1 visa).