time frame query

My son met, and fell in love with a wonderful Russian girl on a J1 student visa. Her employers were not happy when they went to them and told them their plans to get married. When my son called immigration they said the best thing was to get married right away, and then they had a grace period to file the paperwork in. Her J1 Student Visa is up as of 9/15/2011, we are in the process of getting everything filed, how long is this grace period? Her family is happy with the marriage, which took place on 8/05/2011. We do not want anything to go wrong with any of the paperwork or be illegal, so we need to know how long this grace period is?

My understanding (and I am not a lawyer) is that grace period is a discretionary concept. Law doesn't talk about grace period. Its the UCSIS which exercises discretion and overlooks certain transgressions.

In this particular case, since they married before her visa expired, I would imagine that immigration folks would not frown upon her staying in the US after expiry of her visa. Also since she has married a citizen (i assume) makes her eligible for GC by marriage. But clearly USCIS would want her to apply for her green card based on marriage ASAP.

p.s. - I assume your son is a citizen. If that is not the case then your daughter in law is already out of status.

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Originally Posted by Mudderpeewee

My son met, and fell in love with a wonderful Russian girl on a J1 student visa. Her employers were not happy when they went to them and told them their plans to get married. When my son called immigration they said the best thing was to get married right away, and then they had a grace period to file the paperwork in. Her J1 Student Visa is up as of 9/15/2011, we are in the process of getting everything filed, how long is this grace period? Her family is happy with the marriage, which took place on 8/05/2011. We do not want anything to go wrong with any of the paperwork or be illegal, so we need to know how long this grace period is?

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