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Can a F1 on Opt Getting Married to U.S. Citizen Remain in the U.S. when Filing I-485

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  • 08-03-2009, 08:12 PM
    giselle21
    Can a F1 on Opt Getting Married to U.S. Citizen Remain in the U.S. when Filing I-485
    Holding:
    Expired F1 visa
    Valid EAD (expires Oct. 09)
    Valid I-20 (expires Oct. 09)

    Situation:
    Planing to get married to an American citizen.

    Questions:

    1. Is filing i-485 together with i-130 the correct way to go?
    2. While the above apps are pending, can F1 remain in the U.S.?
  • 08-06-2009, 08:22 AM
    Mr. Knowitall
    Re: Can a F1 on Opt Getting Married to U.S. Citizen Remain in the U.S. when Filing I-
    1. It's a common approach.

    2. Yes, but the standard overstay rules apply - when her visa expires she starts accruing unlawful presence that can trigger a period of ineligibility to return if she leaves while the AOS remains pending.
  • 08-09-2009, 11:55 PM
    giselle21
    Re: Can a F1 on Opt Getting Married to U.S. Citizen Remain in the U.S. when Filing I-
    My question is whether the F1 will be able to stay, not rather she'd be able to return if she left. If the F1 doesn't leave the country, and she files I-765 at the same time, it's okay to stay and work, right? That wouldn't be considered unlawful presence if all the required paperwork is filed and she doesn't leave the U.S. while AOS is pending, would it?

    Also, doesn't the approval of I-131 Travel Document override a pending AOS?
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