I am currently in US as an international student, but my visa expires very soon because I graduated. I got married to US

Hello, my name is ***** ***** I will be the attorney assisting you on your legal question. Please note this is a paid site for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship.

Okay so this is a tricky question. Technically, no. You are not allowed to be in the USA without legal status. Once your visa expires you will be out of status. That means that you cannot drive, you cannot work, you cannot travel outside of the USA. If you leave the USA after being in the USA for more than 180 you will be barred from reentering the country for 3 years.

BUT

If you apply for your green card after having a legal entry in the USA, and not leaving after that legal entry, and that green card is based on marriage to a US Citizen, the unlawful presence will be waived and you will be able to get your green card.

Problems can arise if before you get your green card you get in trouble with the police or immigration or leave the country - OR - your green card is not approved.

If your green card is not approved your unlawful presence will not be waived.

In practice, people over stay their visas and apply for a green card based on marriage to US Citizen, they get approved and they become Legal Permanent Residents without a problem. But it is important that you are aware of the risks of doing it that way.

So you are not "allowed" to overstay. You will not find anything official that says that.

This is why is tricky.

Immediate relatives are allowed to adjust status in the USA if they entered legally. That's that. Regarding the unlawful presence, as long you do not leave the country you are not punished for being unlawfully present in the usa. The punishment or what is called 3 or 10 year bar is only triggered once you leave the country after being unlawfully present in the USA.

It is not waived per se, it is just that since you never left after your unlawful presence and you are eligible to adjust status through your US Citizen wife, you just dont get that held against you.

You will get your work permit and the social security card. In the work permit application they ask you if you would like have a social security card issues to you, and you say yes.

Medical needs to be submitted with your initial application - you need to submit all required applications together

1. I-130 Petition for Alien Relative

1. I-130A Supplemental Info for Spouse Beneficiary

1. I-485 Application to Register Permanent Residence or Adjust Status

1. I-864 Affidavit of Support under Section 213A of the INA

1. I-765 Application for Employment Authorization

1. I-944 Declaration of Self-Sufficiency

1. I-693 Report of Medical Examination and Vaccination Record

After that you will receive receipts from USCIS telling you they accepted the applications and about a month from that you will get an appointment for your biometrics.

I hope this answers your questions, thank you for using Just Answer. Best of luck!

about 3 to 6 months after your receive your receipts.