Out of Status

[highflyer 0]

Hello guys,

I entered the US in January 2012 and my student M-1 visa expired on June 29th 2012, I successfully extended the I-120 details to allow me study here until January 1st 2013. I got married in September 2012 to a US citizen and want to submit paperwork to adjust my status, EAD, Advanced Parole, etc

Has any one any experience of filing when you are out of status? Is there anything particular I show do or any additional forms I should submit when filing?

Thanks,

Hugh

[newacct 688]

Nope. There's no difference in terms of filing for green card.

However, how long have you exceeded the I-94 expiration date? If it's more than 180 days, you do not want to travel out of the country until you get your green card.

[highflyer 0]

I-94 expired in August 2012 so I'm over the 180 days. I have no need to return home to Ireland any time soon so can definitely stay in the US during the process. Generally, how long does it take from submitting the paperwork until green card is issued? I have all my paperwork ready apart from my medical exam which I have tomorrow.

[Pitaya 2,577]

Welcome to the forum.

(accessible at the top of the forum page) In particular, look at the US Student Visa Guide:

http://www.visajourney.com/content/student-visa-guide

for more information.

[KayDeeCee 4,896]

~ Moved from AOS Family Based to AOS Work, Student & Tourist ~

[newacct 688]

It could be as short as 3 months, or as long as a year or more.

[Hypnos 6,578]

Only adjustment from a K visa will take anything remotely close to a year to process.

From any other eligible visa the median seems to be ~3 - 5 months.

[highflyer 0]

Thanks for all the replies.

One more question, would I be allowed travel on a flight within the US while waiting for the green card to be issued?

A friend is getting married in New York in 7 weeks and I was going to fly from Orlando where I live. Would a TSA agent question me regarding my expired student visa?

[Hypnos 6,578]

No, there are no internal border controls at airports.

I have read of cases where people have been detained at airports and railway stations for being out of status, but it's an extremely remote chance.

Once your I-485 has been filed then you are placed back into a legal status that persists until your application is finally adjudicated; you should carry around a copy of the NOA for your I-485 as proof of this, once you receive it.

[highflyer 0]

Thanks for the info Hypnos