URGENT : Please HELP ( F1 student in trouble )

P

premansh

Registered Users (C)
Hi,

I am a international student. My Visa expires in July 2013. I recently graduated ( MAY 2010 ) and due to financial problem, I was unable to pay for my OPT and get my OPT card. I got married to my wife on NOV 2010.

I have filed for my Green card ( since she is a citizen ). I have filed all the papers I 485, I 131, I 130, I 756, G 325a, I 864. ( Filed on Feb 7th 2011 ).

I have 100% clean record and I was working for my College ( 2 years ). Paid all my Tax return.

My question is since I did not filed my OPT and my I 20 expired in July 2010. But my VISA is still active for 3 more years ( till July 2013 ). So am I staying legally here ? ( since I have filed for my green card through my wife ).

Or there can be any trouble ?

Please advice.

Thanks & Regards,
P
 
You were out of status from July 2010 (the end of the 60-day grace period) until the I-485 was filed in February. Your visa expiration date is irrelevant to your current status. Somebody can have an expired visa but have legal status, or an unexpired visa and be illegally present.

By properly filing the I-485 based on marriage to a US citizen, you again became legally authorized to stay in the US, and will keep that legal authorization while your I-485 is pending.
 
Jackolantern said:
You were out of status from July 2010 (the end of the 60-day grace period) until the I-485 was filed in February. Your visa expiration date is irrelevant to your current status. Somebody can have an expired visa but have legal status, or an unexpired visa and be illegally present.

By properly filing the I-485 based on marriage to a US citizen, you again became legally authorized to stay in the US, and will keep that legal authorization while your I-485 is pending.
Click to expand...

Does that mean that I will be in trouble while GC process ?

Or I am good to go ?
 
premansh said:
My question is .. Due to the expired I 20 period. Will my application be affected ?
Or it does not matter ?
Click to expand...

It appears that you may have been out of status for 180 days or more but less than a year, so, do not travel abroad until you get a greencard or else you will kick in an unlawful presence bar to re-entry for 3 years. As the spouse of a USC who has filed a valid I-485, you can work as soon as the application is receipted by USCIS. An employer may want to see a valid EAD, which you will probably get in 3 months, but if already employed, your I-485 receipt should be enough to satisfy a current employer (if even asked about it).

You originally made a lawful entry so, that is enough to file for adjustment as an Immediate Relative of a USC.
 
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