Applying for green card through marriage after OPT grace period is over.

[nycqueens311 0]

Hi. I'm filling out my i-485 and all other documents for green card application. 

My situation here:

-Graduated college and obtained another year from OPT. 

-Applied for H1B and got denied. 

-Got married to my bf who is U.S. citizen on 9/22.

-60days of grace period is over as of 9/26. 

 

So currently I'm out of status. I already filled out OOS for my current status on my application. 

 

My question is, 

Do I need to fill out INA: ACT 245 (i) - Adjustment of Status under Section 245(i) - USCIS?

I'm very confused because all lawyers who I asked if I'm eligible for applying green card with 'out of status' said I will be fine since if I'm married to US citizen, and haven't mentioned anything about this INA section. I just found about this while I'm filling out i-485 form.. (This is extra $1000 if I'm under this category.. my bf and I are trying to save money as much as we can and decided not to have a lawyer and this is really bad news..)

 

If somebody was in the same situation as mine, please share yours with me.. I'm very nervous and tired of all this visa process since I was a student!!!!!!!

 

Thank you

 

Edited September 28, 2017 by nycqueens311

[geowrian 22,338]

245(i) would almost certainly not apply to you. You must have been physically present in the US on 12/21/2000 along with a few other requirements.

 

You can AOS fine as the spouse of a USC. The overstay will be ignored.

[sweetadams 138]

8 hours ago, nycqueens311 said:

Hi. I'm filling out my i-485 and all other documents for green card application. 

My situation here:

-Graduated college and obtained another year from OPT. 

-Applied for H1B and got denied. 

-Got married to my bf who is U.S. citizen on 9/22.

-60days of grace period is over as of 9/26. 

 

So currently I'm out of status. I already filled out OOS for my current status on my application. 

 

My question is, 

Do I need to fill out INA: ACT 245 (i) - Adjustment of Status under Section 245(i) - USCIS?

I'm very confused because all lawyers who I asked if I'm eligible for applying green card with 'out of status' said I will be fine since if I'm married to US citizen, and haven't mentioned anything about this INA section. I just found about this while I'm filling out i-485 form.. (This is extra $1000 if I'm under this category.. my bf and I are trying to save money as much as we can and decided not to have a lawyer and this is really bad news..)

 

If somebody was in the same situation as mine, please share yours with me.. I'm very nervous and tired of all this visa process since I was a student!!!!!!!

 

Thank you

 

You go ahead and file your AOS.... Since you were legally present in the US, your Over stay on F1-  status will be forgiven since you are married to a USC. Just try as much as possible to submit your AOS doc on time.