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  • Questions about green card process (through marriage).

    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.

  • #2
    There is no fee for filing the affidavit of support.

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    • #3
      Originally posted by kev.24 View Post
      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.
      Not sure what you mean by "they had marked my entry as a B2 visitor". You mean on the I-94 you got on that entry, it says the class of admission is B2?

      Originally posted by kev.24 View Post
      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).
      I don't think this is true.

      Originally posted by kev.24 View Post
      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?
      Look on your I-94. If it says you were admitted on B2, and it has an admit-until date that is in the past, then put "B2 (expired)". If it says you were admitted on F1, then your status is "F1".

      Originally posted by kev.24 View Post
      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?
      Unauthorized work will not affect your AOS. However, no decent employer will employ you during the time when you do not have an EAD.

      Originally posted by kev.24 View Post
      After we get married, can I submit all of the forms concurrently or do I have to wait until the I-130 is approved?
      Yes, I-130 and I-485 should be filed concurrently.

      Originally posted by kev.24 View Post
      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.
      $535 for I-130 and $1225 for I-485. There are no other fees.

      This is my personal opinion and is not to be construed as legal advice.

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