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Posted

Hello Good day,

 

I need some help with this matter. I came to the US for school in 2013 and graduated in December 2015. I applied for OPT and work from February 2016 yo February 2017. During my OPT I found the love of my life and we got married. We got married 5 days after my OPT was expired because the marriage office did not have a date before the expiration of my OPT.

 

She is in the process of applying for me and needs clarification. 

 

Question:

 

1. Can I continue to work until she filed for me and USCIS send my new AED card?

 

2. Can I adjust status even though my OPT expired and got married? 

 

I am lost and need help with my situation!

 

Thanks

Posted

1) You are not permitted to work without a valid work permit. If your existing EAD is expired, then it is no longer valid.

 

2) If your spouse is a US citizen, then your overstay will be ignored for AOS purposes.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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

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