i485 during opt grace period

[waaden 0]

First off my apologies if this question has been asked before.

My girlfriend is currently on OPT and looking for a job, but so far she has had no luck. We just found out about the 90 unemployment limit during OPT, which is up in 2 weeks, so now we are kind of freaking out and accelerating plans a bit.

Anyway, on to my question: I did a bit of searching and discovered that there is a 60 grace period for her to leave the country once her OPT expires. If we are unable to get married and submit the change of status forms in the next 2 weeks (is this even possible?), can we file for change of status during the 60 day OPT grace period? She is also trying to find volunteer positions or anything to extend her OPT, but I just want to know all of our options, and a friend recommended this forum to me.

Thanks in advance!

[TBoneTX 46,188]

*** Thread moved from K-1 Process forum to the "AOS from WS&T Visas" main forum. ***

[waaden 0]

oh, woops wrong place, thanks for moving

[waaden 0]

OK so a quick update (sorry for so many posts, I'm just very anxious about this, as I'm sure many new people here are). I found this awesome guide:

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

...which seems to apply to me and lay out everything I need. I have also read in many posts here on the forums that "visa overstay will be forgiven when you apply for AOS and are married to a US citizen". If I am reading that correctly, it means that as long as we are married before her status expires, then if we submit our package for AOS within the 2 weeks, or within the 60 day OPT grace period, or even beyond(?), that we should be fine? I would GREATLY appreciate it if someone could verify this for me. I will still probably start the process very soon, but it would be great to know that any little snag won't be the end of the world.

Also, I have read that the cost should come out to around $1500? Gotta budget for a ring

[jerni 24]

The cost is just shy of $1500 in terms of the filing fee ($1490) however there are a few additional expenses. She'll need to have an immigration medical that involves a TB test (unless she has proof she's been inoculated) and a blood test for Syphilus. For me the medical and TB test was $200, the blood test cost zero thanks to medical insurance (I had proof of the other required vaccinations so no additional cost there). Then you have costs associated with sending and preparing the forms.

[waaden 0]

Thanks for the reply.. it sounds like I can pretty safely count on about 2000 being good for the paperwork then. Any info on filing the the paperwork late (during the OPT grace period)? Especially now that I know about the medical exam and the possibility of having to order certain documents to include in the package... I fear this may happen unless she finds some kind of employment in the next 2 weeks.

[jerni 24]

I'm guessing she entered the US on an F-1?

[waaden 0]

correct

entered on F1, graduated college and started OPT, OPT expires in 14 days (assuming she doesn't find a job)

[newacct 688]

First off my apologies if this question has been asked before.

My girlfriend is currently on OPT and looking for a job, but so far she has had no luck. We just found out about the 90 unemployment limit during OPT, which is up in 2 weeks, so now we are kind of freaking out and accelerating plans a bit.

Anyway, on to my question: I did a bit of searching and discovered that there is a 60 grace period for her to leave the country once her OPT expires. If we are unable to get married and submit the change of status forms in the next 2 weeks (is this even possible?), can we file for change of status during the 60 day OPT grace period? She is also trying to find volunteer positions or anything to extend her OPT, but I just want to know all of our options, and a friend recommended this forum to me.

Thanks in advance!

There is a 60-day grace period for someone who successfully completes their OPT. However, she is not completing her OPT -- she is violating the terms of her OPT by exceeding the maximum number of days of unemployment before her OPT period is up. So I doubt there is a 60-day grace period in this case. However, the law does not seem very clear about this.

Once you guys are married, you guys can apply for adjustment of status for her at any time whether she is in status or not, since she will be applying as an immediate relative of a U.S. citizen. So it doesn't really matter whether she has grace period or not. Just apply as soon as you have all the materials.

[Xanax 349]

Just get married when you can and file AOS. She will probably be out of status but unless immigration picks her up to deport her for overstaying (rare) you should be fine.

[waaden 0]

Thanks for the replies! It is SUCH a relief to hear this, especially now that I am on ... "vacation"... thanks to this whole government shutdown thing.

[olsan3 8]

i budgeted around $2500 to avoid any and all miscellaneous situations.

you never know what comes up