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F1/OPT Status Question

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Filed: AOS (pnd) Country: Vietnam
Timeline

My wife is currently here as an F-1 student, post-completion OPT status. We married in September. We are about to send out the I-130/I-485 package tomorrow. My question, what is her status while we are waiting for the process to chug along? What happens if her OPT expiration date passes? Would she be subject to removal proceedings or does she need to file additional paperwork?

I'm pretty sure our package is well put together, but we're getting kinda jittery before sending it. Any input would be greatly appreciated!

_christian

09/23/2010 - Married!

10/12/2010 - Sent I-130/I-485 by USPS Express Overnight

10/13/2010 - Delivered to Chicago Lockbox at 10:12am & signed for by L BOX.

10/21/2010 - E-mail notification receipt sent by USCIS & Checks cashed

11/05/2010 - I-485, I-765, & I-131 touched

11/08/2010 - Received Biometrics Appt for 12/1

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Filed: Lift. Cond. (apr) Country: India
Timeline

As soon as her NOA1 is issued, her status is 'AOS PENDING.'

Edited by sachinky

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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Filed: AOS (pnd) Country: Vietnam
Timeline

As soon as her NOA1 is issued, her status is 'AOS PENDING.'

Thanks for your reply! Does that mean she will be in a sort of limbo? Is she protected even if her OPT date passes?

_christian

09/23/2010 - Married!

10/12/2010 - Sent I-130/I-485 by USPS Express Overnight

10/13/2010 - Delivered to Chicago Lockbox at 10:12am & signed for by L BOX.

10/21/2010 - E-mail notification receipt sent by USCIS & Checks cashed

11/05/2010 - I-485, I-765, & I-131 touched

11/08/2010 - Received Biometrics Appt for 12/1

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Filed: Lift. Cond. (apr) Country: India
Timeline

Yes, her status is protected. The clock sort of 'stops.'

However, if the AOS is denied (for whatever reason), then she will have accrued illegal presence from the time her visa expired.

Good luck and best wishes for a smooth process!

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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Filed: IR-1/CR-1 Visa Country: China
Timeline

*** not a CR-1 VISA question - moving to AOS/student forum ***

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: AOS (pnd) Country: Vietnam
Timeline

Yes, her status is protected. The clock sort of 'stops.'

However, if the AOS is denied (for whatever reason), then she will have accrued illegal presence from the time her visa expired.

Good luck and best wishes for a smooth process!

Thank you so much! We can rest a little easier now.

_christian

09/23/2010 - Married!

10/12/2010 - Sent I-130/I-485 by USPS Express Overnight

10/13/2010 - Delivered to Chicago Lockbox at 10:12am & signed for by L BOX.

10/21/2010 - E-mail notification receipt sent by USCIS & Checks cashed

11/05/2010 - I-485, I-765, & I-131 touched

11/08/2010 - Received Biometrics Appt for 12/1

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