OPT change status

[elun219 0]

I have already found many useful information from this site, and I hope someone could help me with my case.

I am US citizen and naturalized end of 2008. my wife and I just sent Adjustment of Status (I-485, I130, 131 and 763) yesterday, and we realized today that our forms might have incompleted information.

My wife is a Taiwanese citizen and entered US on her F1 in Aug 2001. She graduated from college in Aug 15, 2008. She is currently on her F-1 visa and post-completion OPT (optional practical training). OPT starts 10/15/08 and expires on 10/14/09

She has been unemployed since graduation. We just found out that the new rules for OPT only allow her to stay unemployment for up to 90 days, which in her case, she will be out of status next Monday 1/12/2009. In preparing the applications for adjust of status (I-130 and I-485), I saw that she has to be in valid status at the time we file the application.

My questions are:

1) If our application get rejected by USCIS due to our incomplete info or something. Does she need to go back to Taiwan then we will file all applications while she is outside of US.

2) We saw information about there is a grace period (60 days) after OPT expires, that student could use to prepare leaving US. Does that apply to my wife? If so, during the grace period, is she still in a valid status for applying adjust of status?

[YuAndDan 153]

1) Not necessarily, you do get chance to appeal, if not then yes you would be doing a spousal visa through home country.

2) Yes it applies and you can file for AOS during that period.

Note many do file for AOS well after legal status in the USA expires and have no problems, over stays tend to be forgiven based on marriage to a US citizen.

How about filling in profile details like "Taiwan" http://www.visajourney.com/forums/index.ph...rCP&CODE=01

http://www.visajourney.com/timeline/profile.php?id=59829

Moving this to the AOS sub forum dealing with AOS from student/visitor/work visas.

[EstebanTrabajos 7]

I have already found many useful information from this site, and I hope someone could help me with my case.

I am US citizen and naturalized end of 2008. my wife and I just sent Adjustment of Status (I-485, I130, 131 and 763) yesterday, and we realized today that our forms might have incompleted information.

My wife is a Taiwanese citizen and entered US on her F1 in Aug 2001. She graduated from college in Aug 15, 2008. She is currently on her F-1 visa and post-completion OPT (optional practical training). OPT starts 10/15/08 and expires on 10/14/09

She has been unemployed since graduation. We just found out that the new rules for OPT only allow her to stay unemployment for up to 90 days, which in her case, she will be out of status next Monday 1/12/2009. In preparing the applications for adjust of status (I-130 and I-485), I saw that she has to be in valid status at the time we file the application.

My questions are:

1) If our application get rejected by USCIS due to our incomplete info or something. Does she need to go back to Taiwan then we will file all applications while she is outside of US.

2) We saw information about there is a grace period (60 days) after OPT expires, that student could use to prepare leaving US. Does that apply to my wife? If so, during the grace period, is she still in a valid status for applying adjust of status?

1) first of all I don't see what's the problem, by the time you filled out the application she wasn't out of status and hopefully they will get the package before Monday but even if they receive them 1-2 days later don't see a reason for denial. There has been times when applicants who have been out of status for a while and have married US citizens have AOS'd w/o any problems as long as they entered the country legally. Do not over worry.

Another thing, the moment you filed for AOS, your wife became a foreign spouse waiting for AOS, therefore she doesn't have to follow the rules on her OPT. Weird enough, even if she has stopped being an OPT student, she can keep on using her OPT card until either it expires of her new employment authorization card that you could applied for along with your AOS documentation arrives.

Edited January 8, 2009 by TävôLuDô