Immigration Issues/Green Card

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QUESTION: hello,
my situation: on F-1 visa, currently working on my OPT, set to expire in coming July. my husband is US citizen, was adopted at young and we cannot find his naturalization papers. he never applied for a passport, so we don't have any doc proving his citizenship. we sent in an application to INS for a replacement doc for his citizenship, have not received a receipt number yet...
questions: if we file my application w/o his naturalization paper, will my case get rejected or denied?
when we do receive his paper, but if my status expires by then, can i still be here and send my application or should i leave the country?
what are other options for me to stay here legal? is there any way to apply for OPT permit extension?
thank you so much!!!!

ANSWER: If you send in the papers without proof he is a USC, you will get a request for evidence and then if you do not provide the proof in time the case will be denied. Since you are married to a citizen, you do not have to worry about falling out of status. You do nto have to leave the country and can get it here even if it takes awhile.

Regards,

Robert

---------- FOLLOW-UP ----------

QUESTION: Robert,
thank you for your fast reply.
i called INS customer care and they said if my OPT expires, while i am waiting for my case to be processed (that is before i receive the receipt number, or if they reject my application for not enough evidence, and if i have to re-file everything again), then i will be out of status and i can be deported.
what do you suggest?

Answer
The people you have access to at the National Cusotmer Service line know less about Immigration than my kids!! I recommend pursing the N-565 for oyur husband and upon his receivng it file the I-130/I-485 packet with the required feees and documents.

Let me know if you would be interested in me processing the paperwork once the certificate is received.


Regards,

Robert

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