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Hello everyone,
My situation is a bit tricky and I am trying to figure things out, so if any of you has any advice or similar experiences, I would really appreciate your help.
I am a citizen of Mexico. In 2008, I got a tourist visa for 10 years...meaning, it will expire next year in June. In 2013, I came here as a J1 student, without the 2 year rule. While in the States, I switched my status to F1, and was given a 797. I would always go back and forth to Mexico through the border (by land), by just flying to a border town and having someone pick me up and drive me to Mexico (I also lived near the border). That 797, I was told by the border officers that I could just use whenever I needed to, as opposed to a visa. Now, I went to Mexico last year in June of 2016 with my soon-to-be husband. We went to a beach resort, but on the way back, at the airport, I was having a really hard time with the airport people (in Mexico) because they would not let me through. They finally ended up letting me get past security and everything was fine. I got back to an American airport and an officer gave me a new I-94. It was my last semester, since I was graduating in December of 2016. I then applied for OPT, so I could move to my fiance's city and be with him (we were in a long distance relationship for 2 years).
One of the documents they asked for to get an EAD for my OPT was my last I-94. I submitted it and got my EAD, which expires Jan 2018.
NOW, I recently just found out that after coming back to the States after that last trip to Mexico (via air)...they had marked my entry as a B2 visitor, and was supposed to stay until Christmas of 2016. Which was literally, a few days after I graduated from college.
They had told me that after that last entry, I had fallen out of status because the automatic revalidation only works by land (which I had no idea).
They had told me that my OPT is unlawful and I am an overstay...how was my OPT approved then?
My question is, what is my status now? I am soon getting married to my fiance, a USC. Most of the forms ask for your current status. Am I a visitor, a student, overstay?
What about my current job under OPT? Can I continue here, since "unauthorized" work is forgiven for immediate relatives? Do I have to have a gap between Jan 2018 (when the EAD expires) and the time I get a new EAD through AOS? or can I continue without gaps, since I am already supposedly working unlawfully?
After we get married, can I submit all of the forms concurrently or do I have to wait until the I-130 is approved?
What about for fees? This is what I know so far, we have to pay for I-130 and I-485 + biometrics, do we also have to pay for the affidavit of support? I am kind of confused on that.
Sorry about all these questions, I am just completely confused after what I just found out about my current status.
Thank you in advance.
My situation is a bit tricky and I am trying to figure things out, so if any of you has any advice or similar experiences, I would really appreciate your help.
I am a citizen of Mexico. In 2008, I got a tourist visa for 10 years...meaning, it will expire next year in June. In 2013, I came here as a J1 student, without the 2 year rule. While in the States, I switched my status to F1, and was given a 797. I would always go back and forth to Mexico through the border (by land), by just flying to a border town and having someone pick me up and drive me to Mexico (I also lived near the border). That 797, I was told by the border officers that I could just use whenever I needed to, as opposed to a visa. Now, I went to Mexico last year in June of 2016 with my soon-to-be husband. We went to a beach resort, but on the way back, at the airport, I was having a really hard time with the airport people (in Mexico) because they would not let me through. They finally ended up letting me get past security and everything was fine. I got back to an American airport and an officer gave me a new I-94. It was my last semester, since I was graduating in December of 2016. I then applied for OPT, so I could move to my fiance's city and be with him (we were in a long distance relationship for 2 years).
One of the documents they asked for to get an EAD for my OPT was my last I-94. I submitted it and got my EAD, which expires Jan 2018.
NOW, I recently just found out that after coming back to the States after that last trip to Mexico (via air)...they had marked my entry as a B2 visitor, and was supposed to stay until Christmas of 2016. Which was literally, a few days after I graduated from college.
They had told me that after that last entry, I had fallen out of status because the automatic revalidation only works by land (which I had no idea).
They had told me that my OPT is unlawful and I am an overstay...how was my OPT approved then?
My question is, what is my status now? I am soon getting married to my fiance, a USC. Most of the forms ask for your current status. Am I a visitor, a student, overstay?
What about my current job under OPT? Can I continue here, since "unauthorized" work is forgiven for immediate relatives? Do I have to have a gap between Jan 2018 (when the EAD expires) and the time I get a new EAD through AOS? or can I continue without gaps, since I am already supposedly working unlawfully?
After we get married, can I submit all of the forms concurrently or do I have to wait until the I-130 is approved?
What about for fees? This is what I know so far, we have to pay for I-130 and I-485 + biometrics, do we also have to pay for the affidavit of support? I am kind of confused on that.
Sorry about all these questions, I am just completely confused after what I just found out about my current status.
Thank you in advance.
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