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  1. #1
    Join Date
    Aug 2006
    Posts
    2

    Default Overstay F1-Visa but still working on EAD

    Hi my fiancee came here on a F1 visa. He is currently out of status and his visa expired a year and half ago. He had applied for economic hardship before dropping out and was granted employment authorization until March of next year. We are planning on marrying in March. My questions are, is he ok to keep working. Should we marry as soon as possible or is waiting until March ok? Is getting married an option at all? Also we would like to have his family come for the wedding also but if they apply for tourist visa will that alert USCIS to his overstay?
    Thanks for all your help, I know its a lot of questions.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Overstay F1-Visa but still working on EAD

    If he had work authorization through his F1 visa, and is out of status because he dropped out of school, then he does not have work authorization and is supposed to have returned home. He should consult an immigration lawyer.

  3. #3
    Join Date
    Aug 2006
    Posts
    2

    Default Re: Overstay F1-Visa but still working on EAD

    Ok I found the answer. Once we are married we will be able to file for relative petition and green card at once. The overstay and any illegal work will be overlooked. I went through a training and second of all its on the uscis website.

    http://www.uscis.gov/graphics/howdoi/LPReligibility.htm

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