will I get in trouble if I overstay my visa while gathering my AOS paperwork

[dureva 0]

Hello,

I entered the US 5 years ago on a F1 visa. I spent 4 years in college and then applied for an OPT. My OPT expired about 40 days ago and right now I am on the 2 month grace period. I will be on valid status till August 30th.

I got married to my fiance (he is a US citizen) about 10 days ago and now I am waiting on our marriage certificate. I might not be able to assemble all the documents needed for adjustment of status before my grace period expires (still need to do the medical examination and get a copy of vaccination record). I read a lot of things online- some say that I will get in trouble if I overstay my visa, other say that since I am married to a US citizen, my overstay will be excused. Please let me know if you have any information on this topic!

Thank you so much for your help in advance!

[NikLR 13,232]

***moved to AOS from work, student or visitor visa from IR1/CR1 process and procedures***

[GreenIsdanewBlack 4]

Here's the black and white answer for you. Firstly, let me point out that that there is nothing as this "2 month grace period". Technically one falls out of status, the day after his visa expires, so you're basically accruing out of status days.

However, your situation isn't all that grim. When one adjusts for status based on marriage to a U.S. Citizen, their overstay is overlooked if they meet the following criteria:

1. They were inspected by an immigration officer when they last entered U.S., and
2. They were not subject to deportation/removal at the time of filing of AOS

I am sure you meet both these criteria as of now. The only one you have to worry about is not getting yourself subject to removal. With someone in your situation, the chances are slimmer than getting hit by a lightning so I wouldn't worry about it.

Having said that, to be 100% sure you should file your AOS ASAP. Now you have 2 options:

1. Send in your packet without the 2 documents and a RFE will be issued, but you're safe the day your packet is accepted by USCIS. Once this is done, no one can issue a removal order, and technically you are considered in status again, provided condition #2 above didn't apply to you.
2. Get your marriage certificate and your I-693 completed and send in the complete packet to reduce chances of RFE.

My personal advice is to pursue option #2.

Good luck!

Edited August 13, 2013 by GreenIsdanewBlack

[TBoneTX 45,966]

*** Duplicate thread removed. ***

[newacct 688]

Here's the black and white answer for you. Firstly, let me point out that that there is nothing as this "2 month grace period". Technically one falls out of status, the day after his visa expires, so you're basically accruing out of status days.

This is wrong. First of all, "visa" is irrelevant; It is the status that matters. Second, people in F1 status indeed have a 60-day grace period during which they are authorized to stay in the U.S. after they graduate or after they successfully complete their OPT.

[GreenIsdanewBlack 4]

This is wrong. First of all, "visa" is irrelevant; It is the status that matters. Second, people in F1 status indeed have a 60-day grace period during which they are authorized to stay in the U.S. after they graduate or after they successfully complete their OPT.

You're right. It's been long since I've been out of school.

OP - So for the remainder of your 60 day grace period you're good. Either way, the final 2 options will remain the same:

1. Apply for the AOS without the 2 documents, to be 100% safe, and furnish them when an RFE is received, or
2. IMO the better one is - gather all your documents and send out the complete application.

You'll land just fine.