Do I have overstay problem? Pls Help me make it clearer!

J

jessys

Registered Users (C)
Hello,
I am new here and just want to make sure that I don't have overstay problem. I applied for AOS based on my marriage to a USC at the beginning of July. I was in F1-opt (with EAD under Opt) at that time and it expired on Aug.31st. I got my AP and EAD approved in the middle of Sept.. So the question here is that if or not I would be considered overstay for the peroid from Sept.1 to Sept.17th.. As I understand, as long as I apply for AOS while I am in legal status, I won't have overstay issue, is it right? Pls help me make sure of this since I am planning of traveling out of country this winter using my AP.
Thanks a lot for your input!
 
As far as I understand you are in legal status from the moment USCIS received your I-485 application,basically from the date indicated on your Notice of Action letter. Even if there is a little overlap I wouldn't worry, the fact that you are married to USC enables you to adjust the status even if you were out of status for months and years (at least that is what stated on instructions for the form I-485 :) )
 
YES your are fine, i have been out of status for over 4 years and i'm married to USC and file then I get my GC in 3 months after applying...
 
poohsmum said:
from what I understand overstays are forgiven when your a spouse of a USC
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But he does not even have any overstay to start with. RD of I485 stops accrual of any overstay and since he did not have any to start with, there can be no overstay in his case.
 
You've never overstayed. Your F1 would have expired on Aug 31, but USCIS received your AOS application in July, changing your status from F1 to AOS pending.
Since you have AP, you can travel outside the country also.
 
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