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  • OPT overstay

    My OPT has just ended and I am now during my 60 days grace period. My bf is currently waiting for his interview date letter to get his citizenship; so that we can get married and then to apply for me. This might take 3-4 months depending... However I am running short of time and in the meantime I am not sure what I should do, should I overstay or go back to my home country? What are the risks involved in overstaying for a couple of months? Would that jeopardize any future petition? Any advice would be greatly appreciated.

  • #2
    My OPT has just ended and I am now during my 60 days grace period. My bf is currently waiting for his interview date letter to get his citizenship; so that we can get married and then to apply for me. This might take 3-4 months depending... However I am running short of time and in the meantime I am not sure what I should do, should I overstay or go back to my home country? What are the risks involved in overstaying for a couple of months? Would that jeopardize any future petition? Any advice would be greatly appreciated.

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    • #3
      Go ahead and overstay. Nothing will be done to you.

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      • #4
        You Are Safe!! No Worry. Stay as Long As You like!!!
        Only Because You Are Such An Honest Nice Person!!!
        Very Important! Always Make Sure You Update Your Current address With DHS/USCIS.
        USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

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        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by CAdreamz:
          My OPT has just ended and I am now during my 60 days grace period. My bf is currently waiting for his interview date letter to get his citizenship; so that we can get married and then to apply for me. This might take 3-4 months depending... However I am running short of time and in the meantime I am not sure what I should do, should I overstay or go back to my home country? What are the risks involved in overstaying for a couple of months? Would that jeopardize any future petition? Any advice would be greatly appreciated. </div></BLOCKQUOTE>
          Hi CAdreamz and welcome to the forum.

          One possibility is for you and your boyfriend to get married while he is still an LPR. File the I-130 and I-485, with all the supporting documents, to the appropriate service center. when your boyfriend becomes a USC, your husband can update the paperwork to that of immediate relative of a USC. By doing this, you will not be an overstay while your paperwork is being processed.

          If you choose the other route, you want to make sure you do not work or cause any reason for you to be arrested and subject to deportation.
          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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          • #6
            I-485 can't be filed together with I-130 if the petitioner is LPR. CAdreamz is correct, after OPT runs out, she will be out of status until she can file I-485. And she can do that only when her husband becomes USC (or her priority date becomes current). In the meanwhile, an I-130 filed by LPR does not give any kind of protection to a beneficiary.

            CAdreamz, it is your call what you will do. Just remember, if your overstay, it would be very risky to leave the country before you become permanent resident. And that may happen in a year a so down the road... What if there is an emergency back home?

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            • #7
              I would suggest that you get back in school and do some additional courses, that way you can maintain a legal status in the country. Y'all may need to go ahead and get married (the longer the marriage before the application the better).

              Whatever you do be honest about it. All the best.

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