F-1 student applying for gc through marriage

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ozzahmet

Registered Users (C)
Hi everybody!

It s really helpful website.. Thank you all in advance for your help..

i just got married with us citizen and i am about to apply for gc. My visa is expired already, i am staying in us with I-20 but it will be expired next month and after i will be on grace period for 2 months (finding a new school), so my question is that if we apply for gc right away, do i have to keep my I-20 valid or after applying, am i gonna be on grace period as well?
 
Once you've filed the necessary paperwork, you are allowed to stay while it is in process even after your I-20 has expired.
 
You have a few options
OPT you can use this route to get an EAD which increases your stay by one year. I can't remember if there is a fee, I did it in 2005. There are restrictions to filing this after graduation you may want to speak to you foreign student advisor. Also you can only do it once per degree level e.g. Baccalaureate, masters, phd.

Best to start your paper work soon as possible if you have all the relevant documents. Once they are in you won't be considered as out of status. Filing too late has it's disadvantages with travel, if you file post 180 days after being out of status you will be barred from re-entry if you decide to leave the country even with a advanced parole document (AP) this bar can go up to 10 years.
 
I have one more question. after i do all my paperwork and send them, how long does it take to get a respond from immigration? and will that respond allow me to stay in us without I-20?
 
I filed my papers 6 yrs ago so I don't recall the very specifics of when after I got the receipts but this was my recollection...
My I-20 was set to expire the end of August (school was done end of June so I got the 60-day grace period). We got married the first week of August. I filed paperwork shortly after then (did my medical, obtained our marriage certificate-for this, we had to personally deliver the signed marriage license to the county, otherwise it would've taken weeks for us to get our marriage certificate). By October, I had my employment authorization document and I had my green card by November.
 
my girlfriend and i are waiting for her citizenship. she already passed the interview and they said she'd take the oath end of oct or early nov. So now we are just waiting and for me time is getting shorter because i have 3-3.5 months with grace period. Do you think that its enough time for me?
 
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