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Virginia1793

F1 OPT Expires Soon - 60 Day Grace Period, Apply for Marriage-based Green Card Application

By Virginia1793 in Adjustment of Status from Work, Student, & Tourist Visas

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Virginia1793 Newbie

Virginia1793   1

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Hello,

I'm seeking for some similar experience to my case. I'm on F1, student visa; currently working full-time on OPT. My EAD card ends on Feb. 11. I'm planning to get married to my boyfriend and was wondering if applying for the marriage-based green card during my 60 day grace period is too soon? I was told you should wait around three months to send the application? So assuming we get married by Feb. 11, and send out the application on the very last day of the 60 day grace period that would be around two months. 

Would love to know if anyone here has similar experience.

Crazy Cat Grand Master

Crazy Cat   44,626

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2 minutes ago, Virginia1793 said:

I was told you should wait around three months to send the application?

Why?

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Virginia1793 Newbie

Virginia1793   1

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5 minutes ago, missileman said:

Why?

I forgot to mention this - let me fix my original threat. My sister is actually married (in Oct. 2018), currently waiting for her OPT card and she plans to submit the green card application soon and that's what she told me. The reason is that it will make it seems like I am rushing my OPT deadline and it may not look genuine to USCIS.  

Boiler Grand Master

Boiler   47,536

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Agree, why would it not look genuine? 

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

mushroomspore Proficient

mushroomspore   3,046

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3 minutes ago, Virginia1793 said:

I forgot to mention this - let me fix my original threat. My sister is actually married (in Oct. 2018), currently waiting for her OPT card and she plans to submit the green card application soon and that's what she told me. The reason is that it will make it seems like I am rushing my OPT deadline and it may not look genuine to USCIS.  

There is no 30/60/90 day rule with AoS and USCIS. Also a simple search on this website will yield many F1 visa holders who successfully adjusted through marriage. It's not a big deal.

Edited by mushroomspore
Virginia1793 Newbie

Virginia1793   1

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15 minutes ago, Virginia1793 said:

Hello,

I'm seeking for some similar experience to my case. I'm on F1, student visa; currently working full-time on OPT. My EAD card ends on Feb. 11. I'm planning to get married to my boyfriend and was wondering if applying for the marriage-based green card during my 60 day grace period is too soon? I was told you should wait around three months to send the application? So assuming we get married by Feb. 11, and send out the application on the very last day of the 60 day grace period that would be around two months. 

Would love to know if anyone here has similar experience.

2

Thank you for all of your responses, everyone. With  USCIS Changing Policy on Accrued Unlawful Presence, I assume I have to submit my application within the 60 day grace period, correct? 

I have been researching this forum these past days for all docs to prepare as well. Another question I have is that with my sister planning to submit hers soon, would that have any impact on my application? 

mushroomspore Proficient

mushroomspore   3,046

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3 minutes ago, Virginia1793 said:

Thank you for all of your responses, everyone. With  USCIS Changing Policy on Accrued Unlawful Presence, I assume I have to submit my application within the 60 day grace period, correct? 

I have been researching this forum these past days for all docs to prepare as well. Another question I have is that with my sister planning to submit hers soon, would that have any impact on my application? 

Yes submit before your 60 days is up as you don't want to be out of status at all. Your and your sister's cases are on the basis of marriages to US citizen spouses so they have absolutely nothing to do with each other.

Edited by mushroomspore
 
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