Do I need to file the I-601?

[Pecker 17]

Hi guys, this is my first post on here so I'm sorry if this might be in the wrong area. This is my issue;

I came to the US in 2010 with a F-1 visa, I went to school and then once it was finished I stayed, on an out-of-status situation I guess.

But now I am married to a US Citizen and am starting to put together our AOS application. Reading thru the required forms I stumbled onto the I-601, am I supposed to fill that out because I overstayed my welcome?

More facts that might help; my F-1 visa just expired in May, but my I-94 is still valid until november.

Thanks.

[aaron2020 11,651]

Hi,

You do not need to file the I-601 or any other waivers.

You overstayed your F1 visa. Adjusting as the spouse of a USC, your overstay will be forgiven and will not cause a denial of your AOS.

Relax.

Best of luck.

[Pecker 17]

Hi,

You do not need to file the I-601 or any other waivers.

You overstayed your F1 visa. Adjusting as the spouse of a USC, your overstay will be forgiven and will not cause a denial of your AOS.

Relax.

Best of luck.

Thanks a lot!

[NikLR 13,220]

~~moved to AOS from student, vistor or work visas from what visa do I need~~

[Hypnos 6,576]

There is no overstay on an F-1 unless either an immigration judge or USCIS make such a determination, if the I-94 is stamped "D/S".

Either way, as stated you do not need to complete an I-601.

Edited June 15, 2014 by Hypnos