Will I be legal in the country once my OPT expires?

[amy258]

Hello guys,

I have recently discovered this community and I am new to the site. I have been reading quite a few posts here. I am in a situation where I need your help. So here is my story.

I came to USA on H4 when I was 16 then I got my F1 when I turned 21. I got my masters degree. Currently, I am on OPT and working for company. I have been in the USA for past 12 years. My OPT expires on May 30th. Me and my fiancé (US citizen) are getting married in end April. We are planning to file I-130, I-485, I-765 and I-131. From the posts that I've read it seems it takes about 90-120 days to get EAD/AP card. So, my question is will I be legal in the states after May 30th? Assuming I get my receipts of all the applications before my OPT expires. Or Do I have to leave the country or take a class at community college to maintain a student status?

Any help would be appreciated.

[UScitizenFilingforspouse]

Hello guys,

I have recently discovered this community and I am new to the site. I have been reading quite a few posts here. I am in a situation where I need your help. So here is my story.

I came to USA on H4 when I was 16 then I got my F1 when I turned 21. I got my masters degree. Currently, I am on OPT and working for company. I have been in the USA for past 12 years. My OPT expires on May 30th. Me and my fiancé (US citizen) are getting married in end April. We are planning to file I-130, I-485, I-765 and I-131. From the posts that I've read it seems it takes about 90-120 days to get EAD/AP card. So, my question is will I be legal in the states after May 30th? Assuming I get my receipts of all the applications before my OPT expires. Or Do I have to leave the country or take a class at community college to maintain a student status?

Any help would be appreciated.

I suppose it's too late for you to file for an OPT extension. Once your OPT expires, you will have 60 days to leave the country. However, since you're filing for AOS before that, you should have receipts before then. You do not have to leave the country because you will be considered an Immediate relative of a US citizen. That allows you to file the I-130 & 1-486 concurrently and adjust status WITHOUT having to maintain lawful status (+/- details that we don't need to get into). Once you marry him, you should not leave. They get fuzzy when they hear "wife of US citizen".
You may choose to maintain F-1 status but I don't think you need to. Just focus on reading the instructions of all the forms. It takes time to fill them out. It takes time to gather the supporting documentation. So try to get ahead of the game and get started on the forms.
The I-130 requires that you send evidence of bona fide marriage. Front-load as much as you can. We just had someone who didn't send much with the forms and just brought the evidence to the interview. Then the interview turned into a stressful event and the case is still under review. You want to be approved on the spot. For that you need to front-load. So start gathering.
What is your field office?

All the best.