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Filed: Citizen (apr) Country: Russia
Timeline
Posted
hello all. I am about to marry a US citizen. I am on an F1 student visa that expires at the end of sept. as does my EAD. Will i get in trouble for marrying and working out of status?

No.

If you OPT expires in September, you'll fall out of status 2 months after that (you're gonna have a 60-day grace period after the expiration date). If you happen to file your AOS paperwork before that, you won't even be out of status. And even if you fall out of status, it's forgiven to immediate relatives of U.S. citizens. So is illegal employment.

Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

Citizenship Oath 08/23/12

Filed: AOS (apr) Country: England
Timeline
Posted
hello all. I am about to marry a US citizen. I am on an F1 student visa that expires at the end of sept. as does my EAD. Will i get in trouble for marrying and working out of status?

No.

If you OPT expires in September, you'll fall out of status 2 months after that (you're gonna have a 60-day grace period after the expiration date). If you happen to file your AOS paperwork before that, you won't even be out of status. And even if you fall out of status, it's forgiven to immediate relatives of U.S. citizens. So is illegal employment.

Thanks for that. did you have similar experiences? Sounds as though you might have.

Filed: Citizen (apr) Country: Russia
Timeline
Posted
hello all. I am about to marry a US citizen. I am on an F1 student visa that expires at the end of sept. as does my EAD. Will i get in trouble for marrying and working out of status?

No.

If you OPT expires in September, you'll fall out of status 2 months after that (you're gonna have a 60-day grace period after the expiration date). If you happen to file your AOS paperwork before that, you won't even be out of status. And even if you fall out of status, it's forgiven to immediate relatives of U.S. citizens. So is illegal employment.

Thanks for that. did you have similar experiences? Sounds as though you might have.

Yep. I filed AOS from F-1. I wasn't on OPT though, I was still enrolled full time when we started the AOS process. All the IO cared about at our interview was the bona fide relationship, not my status or my work :)

USCIS is statutorily prohibited to use illegal employment or overstay against a green card applicant if that applicant is an immediate relative of a U.S. citizen. You have nothing to worry about. Good luck with your immigration process! :)

Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

Citizenship Oath 08/23/12

 
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