Washington, DC asked in Immigration Law for Colorado

Q: OPT ended with 60 days given, how long does it take for k3 to get processed so she doesn’t become out of status?

My spouse is on f1 and recently her OPT ended. Per the 60 grace period she has, she will become out of status after early May. We want to get married end of April and apply for the adjustment of her status right away. Will she be able to stay in the US even if in the worst case scenario we had not heard back from the gov passed her 60days grace period?

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2 Lawyer Answers
Kelli Y Allen
Kelli Y Allen
Answered
  • Immigration Law Lawyer
  • Charlotte, NC

A: A K3 is not what she needs. Consult with an immigration attorney for a full case analysis. If she is eligible for adjustment of status, once filed, she will be allowed to remain in the U.S.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: It is always risky to be out of status in the United States because it means you are deportable. We recommend that you speak to an immigration attorney to determine what your best move would be.

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