Need advice! F1 married to LPR waiting for F2A/AOS with some unauthorized work

[ludoburazere]

I got to the US in 2015 with one-year J1 visa. Halfway through I got married to my wife, a GC holder. PD date is jan 2016. Before my J1 expired i changed status to F1 in order to remain legally present in the country. However, while on F1, i worked on my ssn for about 2-3 months, which is what really concerns me now. We have just received a welcome letter from NVC with case number, asking to submit documents in order to schedule a visa interview in my home country. We don't know what to do, and we're scared that i'll get refusal on change of status here or even worse, refused in the consulate if we choose to do it there. She isn't going to become a citizen soon (not before early 2020).

What to do? Thanks for all answers in advance...

[sweetadam]

Well, first advice (not a legal advice), stay here and apply for AOS, since you are married to her. One thing though, how did she get her GC? if it is through marriage, she can't file for AOS for you based on marriage as she must wait minimum of 5 years post GC. Did you work outside school with your F1? If you do, there is a grace period of 180 days ( you actually don't have to worry about unauthorized work off campus if she is filing for you). It is also risky going to your home country when you can adjust your status here in America. I always believe it is faster here.

My advice is from what i have read on forums, please seek legal counsel, if needed.

I got to the US in 2015 with one-year J1 visa. Halfway through I got married to my wife, a GC holder. PD date is jan 2016. Before my J1 expired i changed status to F1 in order to remain legally present in the country. However, while on F1, i worked on my ssn for about 2-3 months, which is what really concerns me now. We have just received a welcome letter from NVC with case number, asking to submit documents in order to schedule a visa interview in my home country. We don't know what to do, and we're scared that i'll get refusal on change of status here or even worse, refused in the consulate if we choose to do it there. She isn't going to become a citizen soon (not before early 2020).

What to do? Thanks for all answers in advance...

[azblk]

. Did you work outside school with your F1? If you do, there is a grace period of 180 days ..

That exception is only valid for employment based green cards and not family based. So he would not be able to adjust status as his spouse is still a LPR. If she was a USC then he can but that is not the case here.

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Answered already in another forum. Lets see if you get different opinions here.

[sweetadam]

Thanks for the clarification,

That exception is only valid for employment based green cards and not family based. So he would not be able to adjust status as his spouse is still a LPR. If she was a USC then he can but that is not the case here.

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Answered already in another forum. Lets see if you get different opinions here.

[inadmissible]

I don't see any reason why you'd be refused the immigrant visa at the consulate abroad

[azblk]

I don't see any reason why you'd be refused the immigrant visa at the consulate abroad

Agreed

[newacct]

Also you should check whether your J1 had the two-year home residency requirement.