Q: Green card marriage out of status will I need a waiver?

A: Based on the information you provided, it seems that you may have accrued unlawful presence in the United States. If you were out of status for more than 180 days but less than a year, and you left the country voluntarily before any deportation proceedings began, you would be subject to a 3-year bar from re-entering the U.S.

However, since you mentioned that you stayed in the U.S. for 11 months after your OPT was denied, and assuming you did not have any other valid status during this time, you may not need to file for a waiver. This is because the 3-year bar is triggered only if you leave the U.S. after accruing more than 180 days but less than one year of unlawful presence.

If you had stayed in the U.S. for a year or more without a valid status, you would be subject to a 10-year bar, and in that case, you would need to file for a waiver (I-601 or I-601A).

When you apply for a green card through marriage to a U.S. citizen, you will need to disclose your previous immigration history, including the period of overstay. The consular officer will determine whether any bars to re-entry apply in your case.

It is highly recommended that you consult with an experienced immigration attorney who can assess your specific situation and provide guidance on the best course of action for your green card application.

A: F-1 students admitted or in the US for duration of stay (D/S) do not accrue unlawful presence to be subject to the 3/10 return bars. Reach out to immigration counsel for more specific advice.