Married to US citizen, I am on an out of status student visa

[Evamendez 0]

OK

So here is a quick recap on my story. I came to the US as a student in 2011. I met my love, an US citizen shortly after I arrived to the US. As a graduating student I applied for OPT (a 1 year employment authorization that is granted to all foreign students) by filing the I-765. Due to some administration errors of which I am not responsible for my permit was denied as well as my motion to reopen. Part of our plan was that I worked for that year while we save money for the future together. My love and I, who were still dating then did not want to be apart from each other, thing that was going to happend since I had to return to my home country immediatelly since by the moment I learned that my motion to reopen was denied I was already on an out of status student visa. Since we did not want to be apart we got married at the civil court. We have kept this in secret because we want to do it right and have both of our families be part of it. My now husband and I say that we just sped up the process since we got married before than we ever expected

Well my point is that now we are about to start our journey thru immigration. Since he is the only one working now, we are very tight in money and cannot really afford an immigration attorney. As for me I am overwhelmed by all the process since I already have a bad experience with immigration this year.

While doing research I bumped with this site and I was happy to see that my hubby and I are not the only ones with millions of doubts and questions about this proccess.

I have read about the forms that we need to turn in. Any of you readers has a similar situation such as mine where an adjustment of status needs to be done while being on an out of date visa? if so, how do I specify that I am adjusting my status from an out of date visa?

Do we have good chances of approval?

Honestly, where do I even start this process???

[Merrytooth 5,748]

http://www.visajourney.com/content/i130guide2

[Harpa Timsah 13,258]

Overstay is irrelevant/forgiven for spouses of USCs who adjust in-country. You will have a normal AOS. The fees are about $1500 plus the cost of a medical (around $200). You will get a work permit within 3 months.

Have you found the appropriate VJ guide?

Also, why was your OPT denied?

[Evamendez 0]

Thanks Merrytooth, I will read it thoroughly

http://www.visajourney.com/content/i130guide2

[Evamendez 0]

Merrytoot sent me the link above. I am about to start reading it. I am just nervous because every place I read about my status people pretty much say that I NEED a lawyer.

My OPT visa was denied because my school DSO (designated officer) completely messed up my aplication by issuing my new I-20 for OPT two days after I applied for my I-765. Even when the DSO, the Dean and myself tried to explain that it was an honest administration error my application and motion to reopen were denied.

My now husband and I love each other, and the fact that I recently applied for my OPT and got denied may hamper my marriage visa now....

Overstay is irrelevant/forgiven for spouses of USCs who adjust in-country. You will have a normal AOS. The fees are about $1500 plus the cost of a medical (around $200). You will get a work permit within 3 months.

Have you found the appropriate VJ guide?

Also, why was your OPT denied?

[Harpa Timsah 13,258]

Why was OPT denied? You say error, what kind of error?

[Pitaya 2,577]

~Moved from Family-based AOS to WST-based AOS~

~Inquiring about AOS from student visa~

[Evamendez 0]

Why was OPT denied? You say error, what kind of error?

USCIS demands that the I-20 for OPT must be emitted 30 days or less BEFORE an application is received. My I-20 for OPT was emitted 2 days AFTER I applied for OPT, this happened because my DSO simply "forgot" to do it.

[Harpa Timsah 13,258]

USCIS demands that the I-20 for OPT must be emitted 30 days or less BEFORE an application is received. My I-20 for OPT was emitted 2 days AFTER I applied for OPT, this happened because my DSO simply "forgot" to do it.

Okay, so a mere procedural problem. It won't be an issue for AOS.

[Evamendez 0]

Thank you Harpa