Does my situation Eligible for AOS

[scarlett1986 0]

Hello,

I'm an international student came to U.S. on an F-1 (student) VISA. My U.S. VISA expired in Jan. 2009 already, but my I-20 still in status until Auguest 21, 2009.

My husband and I got married last week, and we are ready to apply for my green card (before my I-20 expired). I decided to go with AOC (Adjustment of Status), but when I was filling out the I-485 form, I noticed it only eligible for people who still in U.S. under authorized period.

I got confused about my own status --- Expired VISA & In status I-20. So am I still considered to be in status? am I still able to file my green card application through AOS?

And, even if I'm still eligible to file AOS. I know it's going to take 2 or 3 month for the Immigration office receive and approve the application. But by then my I-20 will be definetely out of status either.

Will that matters?

Thank you

[rickynlucy 0]

Hello,

I'm an international student came to U.S. on an F-1 (student) VISA. My U.S. VISA expired in Jan. 2009 already, but my I-20 still in status until Auguest 21, 2009.

My husband and I got married last week, and we are ready to apply for my green card (before my I-20 expired). I decided to go with AOC (Adjustment of Status), but when I was filling out the I-485 form, I noticed it only eligible for people who still in U.S. under authorized period.

I got confused about my own status --- Expired VISA & In status I-20. So am I still considered to be in status? am I still able to file my green card application through AOS?

And, even if I'm still eligible to file AOS. I know it's going to take 2 or 3 month for the Immigration office receive and approve the application. But by then my I-20 will be definetely out of status either.

Will that matters?

Thank you

Overstay is forgiven in the case of marriage, so you will be fine. Just send in the paperwork as soon as you can.

[JERIII 8]

Hello,

I'm an international student came to U.S. on an F-1 (student) VISA. My U.S. VISA expired in Jan. 2009 already, but my I-20 still in status until Auguest 21, 2009.

My husband and I got married last week, and we are ready to apply for my green card (before my I-20 expired). I decided to go with AOC (Adjustment of Status), but when I was filling out the I-485 form, I noticed it only eligible for people who still in U.S. under authorized period.

I got confused about my own status --- Expired VISA & In status I-20. So am I still considered to be in status? am I still able to file my green card application through AOS?

And, even if I'm still eligible to file AOS. I know it's going to take 2 or 3 month for the Immigration office receive and approve the application. But by then my I-20 will be definetely out of status either.

Will that matters?

Thank you

You are probably not out of status.

The F-1 visa date is not the end of your legal status, it's the date by which you must enter the country. You probably have D/S on your I-94, if you do, you remain in status as long as your I-20 is valid, and as long as you continue in school (and even if you don't do those things, it's hard to be officially out of status as a student with a D/S.) If your I-94 has a date, then you are in status until the date on the I-94.

As far as the USCIS is concerned, you are protected once your AOS is filed, so you shouldn't worry about the time after the I-20.

In addition, as was stated above, the spouse of a US Citizen is eligible to adjust from an overstay.

So stop worrying, and go ahead and file the I-130, I-485, etc.

[Moosker 7]

I think you're okay, but I would DEFINITELY do more research if I were you to find out.

If you're doing AOS you're okay, but you just can't leave the U.S.A. until the process is finished. I guess if you leave you could be denied re-entry, so make sure you find that out too..just in case!

Good luck!

[diadromous mermaid 36]

Is your husband a US citizen?

Hello,

I'm an international student came to U.S. on an F-1 (student) VISA. My U.S. VISA expired in Jan. 2009 already, but my I-20 still in status until Auguest 21, 2009.

My husband and I got married last week, and we are ready to apply for my green card (before my I-20 expired). I decided to go with AOC (Adjustment of Status), but when I was filling out the I-485 form, I noticed it only eligible for people who still in U.S. under authorized period.

I got confused about my own status --- Expired VISA & In status I-20. So am I still considered to be in status? am I still able to file my green card application through AOS?

And, even if I'm still eligible to file AOS. I know it's going to take 2 or 3 month for the Immigration office receive and approve the application. But by then my I-20 will be definetely out of status either.

Will that matters?

Thank you