Concurrently filing during grace period?

[win.lai1 0]

My fiancee on an F-1 visa and I (USC) will be getting married on Jan 27th, but her visa expires on Feb 18. She mentioned that she has 180days of grace period. Since it will take couple weeks for us to obtain our certified copy of the marriage certificate, her 180days will have started accruing by the time we can concurrently file her AOS.

So, marriage before her F-1 expires, and file couple weeks into her 180days grace period.

Will we run into any trouble along the way if we file the i-130/i-485 AOS a couple weeks into her 180days?

And, questions with the proof of a bonafide marriage. Of course the copy of the certified marriage certificate, and will include 1 or 2 affidavits along with a few photos. Is that enough since we'll be newlyweds?

If not, should I send in a copy of (any supporting documents) such as... I was going to ship out to basic training for the military, but I parted during the DEP (delay entry program) due to the importance of starting a family being there for my wife, and having the once in a lifetime opportunity of watching my future children take their first steps. I have sent my request to be parted to my commander in charge due to marriage reasons. Will it help to send in that copy of email along with some of my paperwork that I was suppose to ship off, including a cover page for the USCIS describing that situation?

Thanks everyone for their input.

Edited January 12, 2011 by win.lai1

[Harpa Timsah 13,258]

You will not run into any trouble with your timing. Any overstay is irrelevant/forgiven for immediate relatives of US Citizens who AOS, which includes a spouse.

Regarding proof, that may be enough because yes, they generally understand that newlyweds don't have a lot of evidence. However, try to get as much as you can. You may be able to add her to you lease, or get a joint bank account if she has a SSN already. Good luck.

[win.lai1 0]

You will not run into any trouble with your timing. Any overstay is irrelevant/forgiven for immediate relatives of US Citizens who AOS, which includes a spouse.

Regarding proof, that may be enough because yes, they generally understand that newlyweds don't have a lot of evidence. However, try to get as much as you can. You may be able to add her to you lease, or get a joint bank account if she has a SSN already. Good luck.

Thank you so much for your quick reply. I will try to provide more proof with the time allowed!

[Darnell 8,478]

Once the AOS is approved, any overstay is foregiven.

So, prep that AOS package, be diligent !

IMO, the 180 days 'slush time' is irrelevant for AOS based on marriage, but

IS relevant for ppl seeking an F-1 renewal and/or a work visa.

[garfield529 47]

Is she a student on her own funding or is she supported by the Chinese government? If the latter, then she may be subject to a home stay and not eligible to adjust status until the home stay is complete. Just have her check on that to make sure you are in the clear. Good luck!

[Harpa Timsah 13,258]

I believe only J visas may be subject to the 2-year home residency requirement, not F visas.

[win.lai1 0]

Is she a student on her own funding or is she supported by the Chinese government? If the latter, then she may be subject to a home stay and not eligible to adjust status until the home stay is complete. Just have her check on that to make sure you are in the clear. Good luck!

It's on her own funding. She also found a job through her OPT training that is willing to support her work visa. But, we chose to get married and why not do it this way?

Thanks a lot!