Jump to content
Katherine93

Difficult situation - F1 married to US citizen

21 posts in this topic

Recommended Posts

Hi everyone,

I'm currently in F1 status and my visa has expired since the last time I went back to my home country. I would need to re-apply for the F1 visa, instead of renewing it, because I transferred to another university and got a new I20. The situation is, I recently got married to my boyfriend now-husband who is a US citizen. We do not intend to file for AOS until next year most likely summer for some other reasons. I really do wanna go back to my home country to visit my family sometime this year, but since my F1 visa has expired and I'd have to apply for a new one, with me being married to a US citizen, I'm not sure how big of a chance I have of getting the F1 visa approved. Has anyone been in this kind of situation before? I just don't wanna wait till next year when I get advanced parole.


08/13/2013 Came to the US on F1 visa

09/26/2013 Met my husband

11/03/2013 Started dating

03/11/2015 Got married at the court house

10/23/2015 Medical exam done

11/04/2015 AOS package mailed out by USPS priority (I130 & I145 concurrent filing)

11/06/2015 Packaged delivered to Chicago Lockbox

11/13/2015 Both checks cashed by USCIS

11/15/2015 Received text msg notification of receipts of I765, I131, I130 and I485

11/19/2015 Received NOA in mail

11/20/2015 Received biometrics appointment letter in the mail

12/04/2015 Biometrics appointment completed

12/09/2015 Case ready to be scheduled for interview

01/25/2016 Submitted online service request for EAD

01/27/2016 I765 case status updated to "New Card Being Produced"

01/28/2016 EAD officially approved and card has been mailed

02/03/2016 EAD/AP combo card received in the mail. YAY!

----------------------------------------------------------------------------------------------------------------------------------------------------------

10/27/2016 EAD/AP renewal application mailed USPS priority

10/29/2016 EAD/AP renewal package delivered to Chicago Lockbox (Saturday)

11/02/2016 Online case status updated to interview scheduled for December 8th

11/12/2016 New medical exam done due to one year validity

12/08/2016 AOS interview and case was APPROVED, new card is being produced

12/12/2016 Received Approval/welcome notice in the mail

12/16/2016 Received conditional green card in the mail

-----------------------------------------------------------------------------------------------------------------------------------------------------------

01/31/2017 Filed for divorce (long story)

07/26/2017 Final divorce decree granted 

08/21/2017 i-751 with divorce waiver package mailed USPS priority 

08/28/2017 NOA/Extension letter received in mail 

Share this post


Link to post
Share on other sites

it's very unlikely you will be granted F1 visa after u've been married with a US citizen. The best bet is apply i130 and AOS now, you will have green card by next summer to travel back home.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Share this post


Link to post
Share on other sites

With and F1 you would have to prove that you will return to your home country. If you go back to your home country you'd have to file for the spouse visa. You might want to consider doing the AOS now anyway and go back to your home country once you have the green card.






Share this post


Link to post
Share on other sites

Thanks guys. I guess I will have to wait till we file for AOS to travel back home :(


08/13/2013 Came to the US on F1 visa

09/26/2013 Met my husband

11/03/2013 Started dating

03/11/2015 Got married at the court house

10/23/2015 Medical exam done

11/04/2015 AOS package mailed out by USPS priority (I130 & I145 concurrent filing)

11/06/2015 Packaged delivered to Chicago Lockbox

11/13/2015 Both checks cashed by USCIS

11/15/2015 Received text msg notification of receipts of I765, I131, I130 and I485

11/19/2015 Received NOA in mail

11/20/2015 Received biometrics appointment letter in the mail

12/04/2015 Biometrics appointment completed

12/09/2015 Case ready to be scheduled for interview

01/25/2016 Submitted online service request for EAD

01/27/2016 I765 case status updated to "New Card Being Produced"

01/28/2016 EAD officially approved and card has been mailed

02/03/2016 EAD/AP combo card received in the mail. YAY!

----------------------------------------------------------------------------------------------------------------------------------------------------------

10/27/2016 EAD/AP renewal application mailed USPS priority

10/29/2016 EAD/AP renewal package delivered to Chicago Lockbox (Saturday)

11/02/2016 Online case status updated to interview scheduled for December 8th

11/12/2016 New medical exam done due to one year validity

12/08/2016 AOS interview and case was APPROVED, new card is being produced

12/12/2016 Received Approval/welcome notice in the mail

12/16/2016 Received conditional green card in the mail

-----------------------------------------------------------------------------------------------------------------------------------------------------------

01/31/2017 Filed for divorce (long story)

07/26/2017 Final divorce decree granted 

08/21/2017 i-751 with divorce waiver package mailed USPS priority 

08/28/2017 NOA/Extension letter received in mail 

Share this post


Link to post
Share on other sites

Your chances are not 0%. My husband was here on OPT and we got married in May. He flew home to France, listed married on his DS-160 to a US citizen. Went to the embassy in Paris to get his J-1 professor Visa (teaching at a major US research University). He had no problems getting the Visa, wasn't even asked about the marriage. No problems entering the US either at POE in Boston.

HOWEVER, if you're in the US, just do the AOS and don't even bother going home. It's not worth the risk.


11/29/2015 - Mailed I-130/I-485/I-765 concurrent AOS filing to USCIS Chicago Lockbox

12/02/2015 - AOS packet Delivered to USCIS via USPS

12/08/2015 - Received 3 NOA text messages from USICS at 11:25 PM / $420 and $1070 checks cleared

12/12/2015 - Hard Copy of NOA received in the mail for the I-765 and I-485

01/05/2016 - Biometrics Appointment

12/31/2015 - RFIE - Request for Initial Evidence

01/10/2016 - Received RFIE - requesting proof of I-130 sponsor being US Citizen

01/12/2016 - FedEx RFIE Response

01/14/2016 - USCIS received RFIE Response

01/27/2016 - Ready to be scheduled for INTERVIEW

02/16/2016 - NEW CARD BEING PRODUCED / I-765 Case Approved

02/19/2016 - NOA2 Approval for I-765 received / EAD Card was mailed

02/23/2016 - EAD Card arrived today via Priority Mail

11/02/2016 - Interview Scheduled for 12/01/2016 !!!

12/01/2016 - Interview date (Interview cancelled on 11/18/2016)

01/12/2017 - ACTUAL INTERVIEW IN ST. Louis (need to get new medical submitted)

01/19/2017 - New medical dropped off at USCIS & CASE APPROVED ! I-485 & I-130

01/25/2017 - GREEN CARD IN HAND! - DONE!!!!!!!

Share this post


Link to post
Share on other sites

Your chances are not 0%. My husband was here on OPT and we got married in May. He flew home to France, listed married on his DS-160 to a US citizen. Went to the embassy in Paris to get his J-1 professor Visa (teaching at a major US research University). He had no problems getting the Visa, wasn't even asked about the marriage. No problems entering the US either at POE in Boston.

HOWEVER, if you're in the US, just do the AOS and don't even bother going home. It's not worth the risk.

Thanks!


08/13/2013 Came to the US on F1 visa

09/26/2013 Met my husband

11/03/2013 Started dating

03/11/2015 Got married at the court house

10/23/2015 Medical exam done

11/04/2015 AOS package mailed out by USPS priority (I130 & I145 concurrent filing)

11/06/2015 Packaged delivered to Chicago Lockbox

11/13/2015 Both checks cashed by USCIS

11/15/2015 Received text msg notification of receipts of I765, I131, I130 and I485

11/19/2015 Received NOA in mail

11/20/2015 Received biometrics appointment letter in the mail

12/04/2015 Biometrics appointment completed

12/09/2015 Case ready to be scheduled for interview

01/25/2016 Submitted online service request for EAD

01/27/2016 I765 case status updated to "New Card Being Produced"

01/28/2016 EAD officially approved and card has been mailed

02/03/2016 EAD/AP combo card received in the mail. YAY!

----------------------------------------------------------------------------------------------------------------------------------------------------------

10/27/2016 EAD/AP renewal application mailed USPS priority

10/29/2016 EAD/AP renewal package delivered to Chicago Lockbox (Saturday)

11/02/2016 Online case status updated to interview scheduled for December 8th

11/12/2016 New medical exam done due to one year validity

12/08/2016 AOS interview and case was APPROVED, new card is being produced

12/12/2016 Received Approval/welcome notice in the mail

12/16/2016 Received conditional green card in the mail

-----------------------------------------------------------------------------------------------------------------------------------------------------------

01/31/2017 Filed for divorce (long story)

07/26/2017 Final divorce decree granted 

08/21/2017 i-751 with divorce waiver package mailed USPS priority 

08/28/2017 NOA/Extension letter received in mail 

Share this post


Link to post
Share on other sites

Hi

Hope that I didn't misunderstand what you are asking.

I would suggest to talk first with your international office at your university. I don't think is a problem to go back home and renew your visa(as far as you have a available I-20).

I got married with an american citizen on December and I went back home(with an expire visa) on Jun and got my new visa same way as I do every time that I have to go there......

hope this help. I would strongly recommend to talk first with international office!

Share this post


Link to post
Share on other sites

Hi

Hope that I didn't misunderstand what you are asking.

I would suggest to talk first with your international office at your university. I don't think is a problem to go back home and renew your visa(as far as you have a available I-20).

I got married with an american citizen on December and I went back home(with an expire visa) on Jun and got my new visa same way as I do every time that I have to go there......

hope this help. I would strongly recommend to talk first with international office!

Thanks for the reply! So when you applied for the new F1 visa did you mention that you are married to a US citizen on your DS 160?


08/13/2013 Came to the US on F1 visa

09/26/2013 Met my husband

11/03/2013 Started dating

03/11/2015 Got married at the court house

10/23/2015 Medical exam done

11/04/2015 AOS package mailed out by USPS priority (I130 & I145 concurrent filing)

11/06/2015 Packaged delivered to Chicago Lockbox

11/13/2015 Both checks cashed by USCIS

11/15/2015 Received text msg notification of receipts of I765, I131, I130 and I485

11/19/2015 Received NOA in mail

11/20/2015 Received biometrics appointment letter in the mail

12/04/2015 Biometrics appointment completed

12/09/2015 Case ready to be scheduled for interview

01/25/2016 Submitted online service request for EAD

01/27/2016 I765 case status updated to "New Card Being Produced"

01/28/2016 EAD officially approved and card has been mailed

02/03/2016 EAD/AP combo card received in the mail. YAY!

----------------------------------------------------------------------------------------------------------------------------------------------------------

10/27/2016 EAD/AP renewal application mailed USPS priority

10/29/2016 EAD/AP renewal package delivered to Chicago Lockbox (Saturday)

11/02/2016 Online case status updated to interview scheduled for December 8th

11/12/2016 New medical exam done due to one year validity

12/08/2016 AOS interview and case was APPROVED, new card is being produced

12/12/2016 Received Approval/welcome notice in the mail

12/16/2016 Received conditional green card in the mail

-----------------------------------------------------------------------------------------------------------------------------------------------------------

01/31/2017 Filed for divorce (long story)

07/26/2017 Final divorce decree granted 

08/21/2017 i-751 with divorce waiver package mailed USPS priority 

08/28/2017 NOA/Extension letter received in mail 

Share this post


Link to post
Share on other sites

Thanks for the reply! So when you applied for the new F1 visa did you mention that you are married to a US citizen on your DS 160?

Yes of course I mentioned it, but I didn't change my last name. Im not sure how this will effect anything

Share this post


Link to post
Share on other sites

Yes of course I mentioned it, but I didn't change my last name. Im not sure how this will effect anything

I didn't change my last time either :) Did they ask you anything about your US spouse during the visa interview? When I applied for my first F1 visa I didn't even have an interview...but I'm not sure about this time.


08/13/2013 Came to the US on F1 visa

09/26/2013 Met my husband

11/03/2013 Started dating

03/11/2015 Got married at the court house

10/23/2015 Medical exam done

11/04/2015 AOS package mailed out by USPS priority (I130 & I145 concurrent filing)

11/06/2015 Packaged delivered to Chicago Lockbox

11/13/2015 Both checks cashed by USCIS

11/15/2015 Received text msg notification of receipts of I765, I131, I130 and I485

11/19/2015 Received NOA in mail

11/20/2015 Received biometrics appointment letter in the mail

12/04/2015 Biometrics appointment completed

12/09/2015 Case ready to be scheduled for interview

01/25/2016 Submitted online service request for EAD

01/27/2016 I765 case status updated to "New Card Being Produced"

01/28/2016 EAD officially approved and card has been mailed

02/03/2016 EAD/AP combo card received in the mail. YAY!

----------------------------------------------------------------------------------------------------------------------------------------------------------

10/27/2016 EAD/AP renewal application mailed USPS priority

10/29/2016 EAD/AP renewal package delivered to Chicago Lockbox (Saturday)

11/02/2016 Online case status updated to interview scheduled for December 8th

11/12/2016 New medical exam done due to one year validity

12/08/2016 AOS interview and case was APPROVED, new card is being produced

12/12/2016 Received Approval/welcome notice in the mail

12/16/2016 Received conditional green card in the mail

-----------------------------------------------------------------------------------------------------------------------------------------------------------

01/31/2017 Filed for divorce (long story)

07/26/2017 Final divorce decree granted 

08/21/2017 i-751 with divorce waiver package mailed USPS priority 

08/28/2017 NOA/Extension letter received in mail 

Share this post


Link to post
Share on other sites

I didn't have an interview either. It is not a problem the fact that you married and american citizen as is the fact that how long your study is taking, if you have a I-20 that is not expiring this year let say, you will be cool. As an international student you will know that you should stop by international student office first.

Share this post


Link to post
Share on other sites

I didn't have an interview either. It is not a problem the fact that you married and american citizen as is the fact that how long your study is taking, if you have a I-20 that is not expiring this year let say, you will be cool. As an international student you will know that you should stop by international student office first.

Okay thanks! I will definitely confirm with my ISO. My I-20 is not expiring until 2017 so I should be good on that. Thanks so much for the information, it makes me so happy that I can travel back home :)


08/13/2013 Came to the US on F1 visa

09/26/2013 Met my husband

11/03/2013 Started dating

03/11/2015 Got married at the court house

10/23/2015 Medical exam done

11/04/2015 AOS package mailed out by USPS priority (I130 & I145 concurrent filing)

11/06/2015 Packaged delivered to Chicago Lockbox

11/13/2015 Both checks cashed by USCIS

11/15/2015 Received text msg notification of receipts of I765, I131, I130 and I485

11/19/2015 Received NOA in mail

11/20/2015 Received biometrics appointment letter in the mail

12/04/2015 Biometrics appointment completed

12/09/2015 Case ready to be scheduled for interview

01/25/2016 Submitted online service request for EAD

01/27/2016 I765 case status updated to "New Card Being Produced"

01/28/2016 EAD officially approved and card has been mailed

02/03/2016 EAD/AP combo card received in the mail. YAY!

----------------------------------------------------------------------------------------------------------------------------------------------------------

10/27/2016 EAD/AP renewal application mailed USPS priority

10/29/2016 EAD/AP renewal package delivered to Chicago Lockbox (Saturday)

11/02/2016 Online case status updated to interview scheduled for December 8th

11/12/2016 New medical exam done due to one year validity

12/08/2016 AOS interview and case was APPROVED, new card is being produced

12/12/2016 Received Approval/welcome notice in the mail

12/16/2016 Received conditional green card in the mail

-----------------------------------------------------------------------------------------------------------------------------------------------------------

01/31/2017 Filed for divorce (long story)

07/26/2017 Final divorce decree granted 

08/21/2017 i-751 with divorce waiver package mailed USPS priority 

08/28/2017 NOA/Extension letter received in mail 

Share this post


Link to post
Share on other sites

it's very unlikely you will be granted F1 visa after u've been married with a US citizen. The best bet is apply i130 and AOS now, you will have green card by next summer to travel back home.

it's interesting how you can predict if/when another person will get their GC by.

Hi

Hope that I didn't misunderstand what you are asking.

I would suggest to talk first with your international office at your university. I don't think is a problem to go back home and renew your visa(as far as you have a available I-20).

I got married with an american citizen on December and I went back home(with an expire visa) on Jun and got my new visa same way as I do every time that I have to go there......

hope this help. I would strongly recommend to talk first with international office!

a DSO at an international office does NOT work for uscis/dhs, meaning you shouldn't seek advice about your status from them.

Okay thanks! I will definitely confirm with my ISO. My I-20 is not expiring until 2017 so I should be good on that. Thanks so much for the information, it makes me so happy that I can travel back home :)

if you are out of status, your i20 is void, as most likely, depending on how long you have been OOS, the DSO would have terminated your SEVIS. OP, as others have stated, your best bet is to apply for AOS and apply for AP also.

Edited by fullglass12

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×