Filing i-485 while Opt application is pending

[james2000 0]

Hello everyone,

I have an issue and I need your advice. I am on F1 status, I graduated from my Masters program and my 60 days grace period expires in July. I am getting married to a citizen who is ready to file for me but the marriage is taking place after the 60 days grace period would have expired. so I decided to apply for Opt to maintain my status. My Question is, can my USC wife file form i-485 for me same month that I file my OPT application? Will it not cause any problem?

 

i will appreciate your advice please.

[MrsBPM 34]

I believe applying for AOS puts everything else either on hold or it gets dismissed. But, I know overstay is forgiven for your wife. So there's really no need to try to stay in status, you're in adjustment and okay as long as you're going through the AOS process.

[geowrian 22,337]

Overstay is ignored, although I certainly would not encourage or condone staying illegally for any portion of time. While it's certainly unlikely, that period of time while out of status makes your deportable until you file for AOS. Extending your legal status is preferred.

[james2000 0]

Thanks a lot guys, I will go ahead to apply for the OPT to maintain the status and then file AOS immediately after the wedding. I think that is the best decision.