Submitted AOS paperwork after F1 grace period expired... will it be a problem?

[funimmigrant 0]

Hello! This is my first post on this forum, and I want to thank everyone for sharing their knowledge and experience! This forum is an incredibly helpful resource.

I held an F1 visa (and OPT) before filing for AoS. However, my husband and I submitted paperwork a couple of weeks after the F1 grace period has ended. The AoS paperwork was approved and I received my greencard. I have a couple of questions:

• Between the time my F1 grace period has ended and we submitted the paperwork, was I out of status?
• If so, will this out of status pose any difficulties or problems for N400 later on?

[Just Paul 4,595]

16 minutes ago, funimmigrant said:

Between the time my F1 grace period has ended and we submitted the paperwork, was I out of status?

You had no status between the OPT and the Green Card.

17 minutes ago, funimmigrant said:

If so, will this out of status pose any difficulties or problems for N400 later on?

Not really.  Being married to a USC means it is effectively forgiven.

[wagecuck3 31]

51 minutes ago, funimmigrant said:

• Between the time my F1 grace period has ended and we submitted the paperwork, was I out of status?

Yes. Because you were the spouse of a US citizen, you were eligible for AOS despite going out of status.

 

51 minutes ago, funimmigrant said:

• If so, will this out of status pose any difficulties or problems for N400 later on?

When your green card application is approved, any previous immigration violations that you disclosed on your application are considered to be forgiven.

 

A related principle is that USCIS is not allowed to give you a green card if there is some sort of mark on your record that would make you permanently ineligible for citizenship. If you received a green card, it means you don't have any such thing on your record.

[Crazy Cat 42,393]

39 minutes ago, wagecuck3 said:

If you received a green card, it means you don't have any such thing on your record.

Actually, during the naturalization process, USCIS can look back to make sure the green card was properly issued.

[wagecuck3 31]

2 minutes ago, Lucky Cat said:

Actually, during the naturalization process, USCIS can look back to make sure the green card was properly issued.

You are right, of course. If during the naturalization process USCIS discovers some material fact that you did not disclose during your green card application, then you will be in big trouble. Or, if they discover that the green card was issued in clear legal error, they can also initiate rescission or removal proceedings on that basis.

 

However, if USCIS was aware of all relevant facts and the adjustment of status was granted in accordance with law, then only factors that occurred after the adjustment could make the alien ineligible for naturalization.

[funimmigrant 0]

54 minutes ago, wagecuck3 said:

 

When your green card application is approved, any previous immigration violations that you disclosed on your application are considered to be forgiven.

 

So, I was looking back at the paperwork.

 

My last day of OPT was July 26, 2015. From there, 60-day grace period ended on September 24, 2015, and USCIS received all my AoS paperwork on September 25, 2015. Does it seem like there's out of status here?

Also, in the application, we supplied all immigration records, including the scans of F1 visas, I-20s and the OPT card. However, back then, the form had no questions about violating the visa or being out of status. The only questions pertinent to immigration were about being in deportation/removal proceedings. I was not, so there was really nothing to report.

Does this information change your opinion?

 

[wagecuck3 31]

3 minutes ago, funimmigrant said:

So, I was looking back at the paperwork.

 

My last day of OPT was July 26, 2015. From there, 60-day grace period ended on September 24, 2015, and USCIS received all my AoS paperwork on September 25, 2015. Does it seem like there's out of status here?

Also, in the application, we supplied all immigration records, including the scans of F1 visas, I-20s and the OPT card. However, back then, the form had no questions about violating the visa or being out of status. The only questions pertinent to immigration were about being in deportation/removal proceedings. I was not, so there was really nothing to report.

Does this information change your opinion?

 

Assuming that there's nothing unusual about your case (such as fraud or unauthorized employment) you should be fine. Overstaying your grace period was certainly something USCIS knew about, and it doesn't matter in the case of spouses of US citizens.