Hi,
I am a international student. My Visa expires in July 2013. I recently graduated ( MAY 2010 ) and due to financial problem, I was unable to pay for my OPT and get my OPT card. I got married to my wife on NOV 2010.
I have filed for my Green card ( since she is a citizen ). I have filed all the papers I 485, I 131, I 130, I 756, G 325a, I 864. ( Filed on Feb 7th 2011 ).
I have 100% clean record and I was working for my College ( 2 years ). Paid all my Tax return.
My question is since I did not filed my OPT and my I 20 expired in July 2010. But my VISA is still active for 3 more years ( till July 2013 ). So am I staying legally here ? ( since I have filed for my green card through my wife ).
Or there can be any trouble ?
Please advice.
Thanks & Regards,
P
Can any one please help me by clarifying me with a answer.
Please.
Thank you in advance.
You were out of status from July 2010 (the end of the 60-day grace period) until the I-485 was filed in February. Your visa expiration date is irrelevant to your current status. Somebody can have an expired visa but have legal status, or an unexpired visa and be illegally present.
By properly filing the I-485 based on marriage to a US citizen, you again became legally authorized to stay in the US, and will keep that legal authorization while your I-485 is pending.
You were out of status from July 2010 (the end of the 60-day grace period) until the I-485 was filed in February. Your visa expiration date is irrelevant to your current status. Somebody can have an expired visa but have legal status, or an unexpired visa and be illegally present.
By properly filing the I-485 based on marriage to a US citizen, you again became legally authorized to stay in the US, and will keep that legal authorization while your I-485 is pending.
Does that mean that I will be in trouble while GC process ?
Or I am good to go ?
URGENT : Please HELP ( F1 student in trouble )