Another F1 AOS (via marriage) question

[tamarack]

Stupid situation on which I'd like your input. I am completing my PhD this semester and have been in F1 status for the duration of my program. During this time, I got married to a US citizen. The plan was to submit I-130 and I-485 (plus the rest of the required documents) before my F1 status runs out, and we currently have the packet nearly complete - basically, I was waiting for my spouse to return from a business trip this weekend to finish it up and send it in.

The program completion date on my I-20 says December 16, 2017. However, I was just informed today that for programs requiring a dissertation, the actual program completion date is the date the dissertation is accepted by the department chair, and that was a few days ago (Nov 10). So I'm now finding myself already in the 60 day grace period (and have to stop working immediately).

In these circumstances, should we

a) go ahead and submit the I-130 + I-485 packet as planned, and I stay in the US during the time it is adjugated?
b) talk to an immigration lawyer?
c) prepare for me to have to leave the country?

Thanks in advance.

Also, while I'd actually be quite happy to pay a lawyer for some consultation on this, I'm hesitant to hand over/pay for the whole filing process to go through a lawyer. Is this common?

[Baspill0]

Sorry to hear the bad news. I had OPT until June this year and got married in August. I enrolled in a second masters degree this fall and extended my f-1 status. I spoke with two lawyers earlier this year because then I was on a difficult situation like yours. Whether apply for adjustment of status on grace period, out of status or student status. One lawyer said applying for adjustment of status during grace period or out of status has some risk. The other lawyer said that it does not matter. I chose to enroll in school to be safe since the risk (Although minimal) for me is not worth. I would personally suggest hiring a lawyer if you have the resources, or enroll in another program or degree until you get your green card.

[Monalyza2]

Congratulations on your completing your dissertation @tamarack!

My husband was on an F-1 visa when he first came to the US. Due to unexpected financial hardship, he couldn’t finish his school at the beginning of this year. We then got married in April and applied for AoS in May. We just got approved at the interview on 11/6 and he got his GC yesterday. So I agree with the second attorney: it doesn’t matter.
My husband’s status changed once he applied as a spouse of a USC and was allowed to stay while we wait if immigration to process his paperwork. We did it all ourselves and did not need any attorney.

[Baspill0]

Congratulations on your completing your dissertation @tamarack!

My husband was on an F-1 visa when he first came to the US. Due to unexpected financial hardship, he couldn’t finish his school at the beginning of this year. We then got married in April and applied for AoS in May. We just got approved at the interview on 11/6 and he got his GC yesterday. So I agree with the second attorney: it doesn’t matter.
My husband’s status changed once he applied as a spouse of a USC and was allowed to stay while we wait if immigration to process his paperwork. We did it all ourselves and did not need any attorney.

I am glad it worked well for your husband. At the end of the day, everybody can take the risks they feel comfortable with. Reason why I will not take the risks is because my dad was subjected to deportation while in his residency application. He had no criminal records and simply ran out of status while the application was ongoing. Everything worked out at the end of the day, but it extended the timelines and was a much more complicated process. I do not mean to be bad cop, simply sharing my experience so you can use to your best advantage. Best of lucks to you!

[inadmissible]

Submit the application yourselves. You don't need an attorney. There is like zero risk, because you're already married to a US citizen and you entered with inspection. If you somehow end up in immigration court, the immigration judge will grant you adjustment of status as a form of relief. Therefore, ICE is not going to waste resources trying to deport you.

[newacct]

First, you are in status during the grace period. Second, it makes no difference whether you are in status or out of status when you file AOS in your category. Make sure to NOT leave the US until you get your green card or an Advance Parole.