classes after J-1 expires, while waiting for EAD?

[CluelessAmerican 0]

My girlfriend/fiancee's J-1 expires on June 30. The grace period gives her until July 30 to leave the country. We seem to have exhausted all ways to get a new J-1, so most likely we will marry and adjust before July 30. I'm wondering, though, what she'll be able to do while waiting for her EAD. She's a schoolteacher and would like to take classes to complete the requirements for a proper teaching credential. Is there anything that would bar her from doing that, related either to her expired J-1 or pending EAD (or anything else)? Many thanks for assistance!

[Coco8 1,042]

It depends on the place she wants to register. I read that usually they accept a pending AOS to register. She might need the receipt from UCSIS that they got your paperwork. Hopefully someone else will comment here.

 

If she has until July 30, you should plan to get your paperwork in with time to get the UCSIS receipt before July 30 to be on the safe side. Any time past that is an overstay.

Edited June 23, 2017 by Coco8

[EG&XY 144]

Are you confident that she is not subject to the 2-year home residency requirement? She may not be, but if she is then you will need a waiver or she will have to return for her home country for 2-years before being allowed to obtain legal permanent resident status. People subject to the requirement can visit, but can't become legal permanent residents until they have fulfilled the requirement or get a waiver.

[CluelessAmerican 0]

1 hour ago, Coco8 said:

If she has until July 30, you should plan to get your paperwork in with time to get the UCSIS receipt before July 30 to be on the safe side. Any time past that is an overstay.

That takes 2-3 weeks, apparently? We'd have that long if we get married right now, but because of the relative suddenness of the decision, we've been considering a prenup. Neither of us has a lot of assets right now, but both of our families have suggested we get one, mainly because it would feel like taking on less of a risk at a time we weren't originally planning to get married (more normal timeframe would have been next summer). That takes 3-4 weeks, so we'd be getting married July 15-20 and filing UCSIS paperwork as soon as possible thereafter. (We'd prep as much as we could beforehand.)

 

I read that when the petitioned spouse is legally in the US at the time of concurrently filing I-130 and I-485, they can legally stay while it's pending. Are you saying that is not the case prior to getting the receipt? Do you have a reference for what you said? I haven't found anything totally conclusive. It would be good to know for sure.

 

23 minutes ago, EG&XY said:

Are you confident that she is not subject to the 2-year home residency requirement? She may not be, but if she is then you will need a waiver or she will have to return for her home country for 2-years before being allowed to obtain legal permanent resident status. People subject to the requirement can visit, but can't become legal permanent residents until they have fulfilled the requirement or get a waiver.

Yes. I've checked on her visa and it explicitly says she is not subject to HRR / section 212(e). 

Edited June 24, 2017 by CluelessAmerican

[Coco8 1,042]

7 minutes ago, CluelessAmerican said:

I read that when the petitioned spouse is legally in the US at the time of concurrently filing I-130 and I-485, they can legally stay while it's pending. Are you saying that is not the case prior to getting the receipt? Do you have a reference for what you said? I haven't found anything totally conclusive. It would be good to know for sure.

 

I think your date is OK. 

 

Yes, I think prenup is a good idea in general.