Applying for OPT Extension, while being married to an ASC

[Jun2580 27]

Question: Will USCIS reject my OPT extension application if I am married to an American citizen and we have not applied for AOS yet?

 

I graduated from a university in the US in a STEM major, and I got my OPT approval at the end of last year (2016). While looking for a job for my OPT, I got married to an American citizen. 

I found a job and I have been working for this company for almost 9 months now. Unfortunately, my spouse and I have not been able to apply for AOS (F1-OPT to GC) yet because of the fee and lacking of documentations. (My American spouse forgot to file tax returns in some past years, and I know from reading many websites that my American spouse has to have the previous 3 year tax returns.)

Now, my first OPT will expire within 3 months, and I am wanting to apply for STEM OPT extension soon because it can give me 2 more years of OPT period. My initial thought was, while I have the total of 3 years of OPT, I can apply for AOS with my spouse. However, I recently started feeling worried about whether USCIS will grant me the OPT extension because I am married to an American. 

 

I know that OPT is continuation of F-1 status, which basically is a visa for someone with no immigrant intent. This makes me think I don't qualify for OPT extension because I am married to an American citizen, making it look like I have an immigrant intent ( and in fact, I do have an immigrant intent now that I have an American spouse here). 

I am worried I might be in huge trouble now. I want to apply for OPT extension as soon as possible as my initial one is expiring soon, but I am not sure if I should they might reject it, considering the fact that I am married and have an immigrant intent. 

 

Can someone help me figure this out and give me some advice on what I can do now?