Question regarding adjustment of status

[John0822 0]

Hey folks, 

I'm an international student who recently graduated from college. I am currently unemployed and nearing the end of my 90 days grace period of OPT, which is right around the corner on 05/20/2020. However, by the grace of God, I got to marry my American girlfriend, whom I've been dating for a while, yesterday. The thing is, I don't think I'll ever be able to file the adjustment of status anytime before the 20th due to the uncertainty in the arrival time of the marriage certificate, which puts me at risk of being out of status. I've gotten a chance to consult a family friend lawyer, who informed me that the case is favorable for me whichever way one looks at it. However, the lawyer lowkey insisted/suggested that I enroll myself in a community college to be perfectly safe. I understand the lawyer is doing his job to let me know all the options available but my problem is that I doubt I'll be able to do all that and get another I-20 in just 5 days. On top of that, my funds will be pretty dry after I pay for the lawyer and the document fees... From any of your experience, if I file the adjustment slightly later that the 20th, do you think it will matter a whole lot or will the USCIS try to hold this against me? Thanks a lot in advance

[Just Paul 4,595]

You file the AOS when you get the marriage certificate.  You don't need an attorney.  That delay will give you plenty of time to get the documents needed for the I-944 (and other forms)

[John0822 0]

Do you mean that even if the marriage certificate arrives late and I file the adjustment of status past 05/20/2020, I will be fine? 

[Just Paul 4,595]

12 minutes ago, John0822 said:

Do you mean that even if the marriage certificate arrives late and I file the adjustment of status past 05/20/2020, I will be fine? 

Yes.   Even most K1's file after their 90 days are up.  Keep a copy of the uncertified marriage license / certificate on hand in case you run into an issue.   No need to enroll in a community college or any other "tricks".   That lawyer doesn't sound very competent for family immigration.

 

You aren't going to be able to work without an EAD and that took 4 to 6 months pre COVID.   You can ask for an expedite once you get the NOA from the AOS.

[geowrian 22,337]

Overstay is not a bar to AOS as the spouse of a USC.

At the same time, nobody is going to advise overstaying. I'll just say file as soon as you can get all the documents.

An attorney is not necessary is most cases.

[John0822 0]

Thanks for the advice guys. That puts me at ease a bit. 

[Lucky2Lucky 2,526]

I think it's worse to play the system to enroll in community college and take away a spot from someone who wants to go to college just so you can "stay".

 

Start working on your paperwork now, there is a lot of it, and I'm sure you will have many questions. When you marriage certificate arrives you can put the application in the mail. I would not advise traveling towards the border without documentation of status. 

[my&aaron 54]

8 hours ago, John0822 said:

Hey folks, 

I'm an international student who recently graduated from college. I am currently unemployed and nearing the end of my 90 days grace period of OPT, which is right around the corner on 05/20/2020. However, by the grace of God, I got to marry my American girlfriend, whom I've been dating for a while, yesterday. The thing is, I don't think I'll ever be able to file the adjustment of status anytime before the 20th due to the uncertainty in the arrival time of the marriage certificate, which puts me at risk of being out of status. I've gotten a chance to consult a family friend lawyer, who informed me that the case is favorable for me whichever way one looks at it. However, the lawyer lowkey insisted/suggested that I enroll myself in a community college to be perfectly safe. I understand the lawyer is doing his job to let me know all the options available but my problem is that I doubt I'll be able to do all that and get another I-20 in just 5 days. On top of that, my funds will be pretty dry after I pay for the lawyer and the document fees... From any of your experience, if I file the adjustment slightly later that the 20th, do you think it will matter a whole lot or will the USCIS try to hold this against me? Thanks a lot in advance

I would not enroll in a community college nor spend money on a lawyer to get this adjustment of status petition done. You are a college graduate so in all honesty, your english level of proficiency is enough to file all the forms required in addition to collecting all additional documents. Your funds are better spent on the fees and helping you getting by. I would start ASAP while you wait for your marriage certificate. That's your best option, in my opinion.

Edited May 15, 2020 by my&aaron

[Ally&Axel 43]

14 hours ago, my&aaron said:

I would not enroll in a community college nor spend money on a lawyer to get this adjustment of status petition done. You are a college graduate so in all honesty, your english level of proficiency is enough to file all the forms required in addition to collecting all additional documents. Your funds are better spent on the fees and helping you getting by. I would start ASAP while you wait for your marriage certificate. That's your best option, in my opinion.

Agreed, and honestly lawyers will have you fill up some templates of the different forms you have to fill and at the end of the day you  will be the one requesting all those supporting documents so you'd already be doing 70 percent of the work. We almost went that route but our lawyer couldn't even spell my last name correctly on the contract..