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I am married to a US citizen, we were going to apply for adjustment of status but things changed. Now i am out of status.

Atlanta, GA |

I came here as an international student. I did OPT which finished. I got married to my US citizen girlfriend while i was in status. We were going to file for adjustment of status but now things are not working out well between us. Now i am 5 days out of status because my 2 month grace period after OPT has ended. What can i do if we dont apply for adjustment of status? if i go home, will i be barred from the US because of over-stay? is there anything i can do so that i am not punished? please help me, please.

Attorney Answers 5

Posted

Sorry to hear that your relationship with your fiancee is not working out well. Having overstayed your visa, it is impermissible for you to remain in the U.S. or to apply within the U.S. to change status (to another nonimmigrant visa) or to adjust status (to become a Permanent Resident with a "Green Card") -- with the exception of being able to adjust status within the U.S. if based upon marriage to a U.S. citizen. Generally, someone who overstays a visa by 180 days or more becomes subject to a 3-year bar to re-entering the U.S. and someone who overstays by a year or more becomes subject to a very harsh 10-year bar.

As mentioned in other responses, if you are unable to resuscitate your relationship, perhaps with the assistance of a couples counselor, and then file a marriage-based adjustment of status case, you will face increasing risks and potential problems by remaining in the U.S. It would be wise to engage an immigration attorney either to assist you in going forward with a marriage-based application or in exploring other eligibilities for a future application.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Kennedy, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

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Posted

We are already married mr Solloway. My question is do I have 180 days after my grace period of opt ends? After opt we are given a 2 month grace period. I am now past my grace period by 5 days, meaning my grace period ended 5 days ago. Do I have 180 days at the end of the grace period or have I already overstayed and will be subject to the 3 year bar ?

David Nabow Soloway

David Nabow Soloway

Posted

Generally, the period of 180 days begins when status has terminated, not at the end of a "grace period," but there are additional considerations when the visa overstayed is a student visa for which the Form I-94 specifies "duration of status." Also, an overstay of two months plus 5 days would be far less than the 180 days that ordinarily can trigger a 3-year bar.

Posted

Unless things can be worked out between you two and you are able to get married and file for AOS, you better pack and head back home. There will be no "punishment" for you if you don't overstay 6 months or more, but of course, the more you overstay, the more difficult it will be to convince the US consulate overseas to issue you a visitors visa with which to one day come back to the US. You always can, of course, find an other USC girl friend who will be wiling to marry and sponsor you for a GC. But it better be a genuine marriage, not entered into solely to procure you a green card.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

So that I understand : my grace period of 2 months has already ended, are you saying that if I leave within 6 months after the end up my OPT grace period I will not be "punished" ?

Posted

If your wife will not file for you, it is best to leave the US as soon as possible. You should hire an immigration attorney.

Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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Posted

Go to marriage counseling ... or go home.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

Best to speak to an immigration lawyer

www.Low-Fee-Immigration-Lawyer.com

John Lassen 1-877-252-4630

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