F1/OPT Status Question

[khthon 0]

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!

[sachinky 465]

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

Edited October 8, 2010 by sachinky

[khthon 0]

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?

[sachinky 465]

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!

[Darnell 8,478]

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

[khthon 0]

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.