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Filed: Country: Hong Kong
Timeline
Posted

Hi everyone!

My OPT is due to expire in early February. I know that there is a 60-day grace period after it expires, but does it mean I'll still be in status during those 60 days? My boyfriend and I decided that maybe we should get married so we can stay together, but we're not quite sure about the time yet. Would it be a problem for me if we got married during (as opposed to before) the grace period?

Also, I read somewhere that as long as I entered the US on a legal visa, I have up to 180 days to apply for AOS, and during that period, my presence is considered legal in the US. Is that true? Does it mean it'd still be okay if my boyfriend and I got married after the 60-day post-OPT grace period, as long as it is within 180 days after my OPT expires?

P.S. My F-1 visa doesn't expire until July this year. Does it have any relevance at all?

Thank you so much for reading!!

Filed: Citizen (pnd) Country: China
Timeline
Posted

If your boyfriend is a US citizen it doesn't matter when you get married or if you are in legal status as long as you entered the US legally. Overstay is forgiven for spouses of US citizens.

07/14/2012: Eloped in Texas Hill Country
08/11/2012: Mailed I-130, I-485, and I-765 to Chicago Lockbox
08/13/2012: Package received by Chicago Lockbox
08/14/2012: Priority Date
08/17/2012: Notice of receipt sent
08/21/2012: Biometrics appointment notice sent
08/27/2012: Walk-in biometrics completed
09/19/2012: Interview scheduled for October 26
10/24/2012: EAD production ordered
10/26/2012: Interview in San Antonio. AOS approved!
11/5/2012: USCIS claims green card delivered, nothing in mailbox.
12/5/2012: Service request filed for non-delivered green card.
12/7/2012: Service request replied to (but not delivered).
1/4/2013: Filed I-90, paid another $450
1/24/2013: Biometrics again...
4/1/2013: First Green Card from November finally arrived...

4/22/2013: Replacement Green Card arrived.

8/9/2014: Filed I-751

8/14/2014: Received NOA for I-751

3/12/2015: ROC Approved!

7/18/2016: Sent in N-400 to Texas lockbox

7/21/2016: N-400 delivered

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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