HI there, Please help me!

I was once an F-1 student (but I stopped going to school Fall 2011) -I am married to a Permanent Resident. He filed the I-130 in JAN 2011 and it got approved June 2011.

I was on OPT training from Oct 2009 to Oct 2010. However, I continued working with after my EAD card expired.

I filed the DS 230 and IV documents - and I have an interview in my home country this Dec 10th, 2010 but I am planning on not going back but waiting in the US because I'm afraid of the 10 yr ban.

Could you please tell me if I can file form I-485 Adjustment of Status when my husband becomes a US Citizen (in 2015) while waiting here in the US? Will my working while EAD card expired affect USCIS's decision?

Thank you very much!

Nancy—

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Originally Posted by nt31vn

but I am planning on not going back but waiting in the US because I'm afraid of the 10 yr ban.

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You should not have any ban, because you were in F1 status, which means you were almost certainly admitted for "D/S" on your I-94. People admitted for D/S generally cannot accrue unlawful presence, and thus cannot have a 3-year/10-year ban.

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Originally Posted by nt31vn

Could you please tell me if I can file form I-485 Adjustment of Status when my husband becomes a US Citizen (in 2015) while waiting here in the US?

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Yes, assuming they don't deport you by then. I'm not sure whether your current approved I-130 petition can wait for that long, so he may need to file a new petition concurrently with the I-485.

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Originally Posted by nt31vn

Will my working while EAD card expired affect USCIS's decision?

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No.