Trying to find a way to adjust status, married to LPR.

[dg204]

HI Guys
I am married to a LPR. My priority date is 9/23/15
Family preference 2 (F2A all other countries)
I have been in the US with an expired I-20 with OPT finished in July 2015.

What are my best options to do an AOS?
Should I file for a waiver? what's the best option I have?

[rayb]

You have to wait until your Priority Date is current, about another year.

--Ray B

HI Guys
I am married to a LPR. My priority date is 9/23/15
Family preference 2 (F2A all other countries)
I have been in the US with an expired I-20 with OPT finished in July 2015.

What are my best options to do an AOS?
Should I file for a waiver? what's the best option I have?

[halo101]

Only option is

The only option is to make your spouse a us citizen and upgrade your AOS. Based on the USCIS filing date, you could have filed AOS this October, "if you maintained your legal status".

Because you did not maintain it, there is no way you can move forward for AOS. Making your spouse a us citizen is the only option.

[halo101]

Law has changed recently...

The only option is to make your spouse a us citizen and upgrade your AOS. Based on the USCIS filing date, you could have filed AOS this October, "if you maintained your legal status".

Because you did not maintain it, there is no way you can move forward for AOS. Making your spouse a us citizen is the only option.

I just noticed that the law has changed recently which enables you to adjust:As you said, you can file a waiver (I601-A) as long as you have "specified reasons". You have to prove "extreme hardship" in case the green card is denied.

[rayb]

Moving your eligibility up and bypassing the Priority Date requirement is not an option.

--Ray B

I just noticed that the law has changed recently which enables you to adjust:As you said, you can file a waiver (I601-A) as long as you have "specified reasons". You have to prove "extreme hardship" in case the green card is denied.

[halo101]

Moving your eligibility up and bypassing the Priority Date requirement is not an option.

--Ray B

OP's "filing date" is current though "final decision date" is about 10 month away.

OP's problem "was" that he/she could not adjust because he/she did not maintain F-1 status. But the new extended waiver rule will enable OP to adjust now.