my situation...

[tinkerbish 6]

i entered the US in august of 2002 with my student visa.

since then i have attended school full time.

but last fall, i only had 2 remaining classes. the rules are that in order to maintain my student status i had to take fulltime classes.

i got a call from my international student office advisor last october and she said because i wasn't attending fulltime, that i was out of status.

i told her i was getting married to my boyfriend and she said that things would be fine then.

it is march, i am married, and we've been working on our AOS forms. i was wondering if my 6 months of out of status would affect AOS process.

if there is anybody that was in a similar situation, was out of status, or has any advice for me, i would be more than thankful for your input.

[Lili 3]

The international office is wrong.

If it is your graduating quarter, you are allowed to take less than a full time schedule and still be considered in status. They just have to notify the immigration that it is your last quarter.

From my own experience, you are not out of status. Your internation office is misinformed.

Forgot to add:

You have two months from your graduating date to leave the country. Graduating date being the last day of your fall quarter. So you have been out of status for about a month. I do think overstay is forgiven if married to a USC.

[tinkerbish 6]

The international office is wrong.

If it is your graduating quarter, you are allowed to take less than a full time schedule and still be considered in status. They just have to notify the immigration that it is your last quarter.

From my own experience, you are not out of status. Your internation office is misinformed.

Forgot to add:

You have two months from your graduating date to leave the country. Graduating date being the last day of your fall quarter. So you have been out of status for about a month. I do think overstay is forgiven if married to a USC.

i forgot to include additional information.

i walked last may. i had 2 classes left before fall of 2007, so my department let me walk.

for some reason i guess the international student office wasn't aware that i've walked in may. i was supposed to take my 2 remaining classes in fall of '07 but was only able to take one. when my advisor from the international student office called me, i told her i was currently taking one of the two remaining classes. she told me to keep going and get my final grade for the semester. i completed that class.

anywho.... i am currently out of status. and my biggest concern is would it affect my AOS process. i went to see a lawyer for a free consultation and his asking fee was 4000 bucks!! so my hubby and i decided that it'd be better to file things on our own.

p.s) if any of you las vegans are out there and know a good immigration lawyer, please let me know

[Lili 3]

Oh, i see.

I think you will be fine. I don't think it is going to affect your status whatsoever but not 200% sure.

Pure curiosity question...You took your last class during the winter quarter right?

[tinkerbish 6]

Oh, i see.

I think you will be fine. I don't think it is going to affect your status whatsoever but not 200% sure.

Pure curiosity question...You took your last class during the winter quarter right?

yup

what do i write for my "Current USCIS Status" on the I-485 form?

i still have my I-20 and it expires may of 2008. but i dont think its valid anymore because the International Student Office reported me to the USCIS for being out of status.

[Lili 3]

First of all, congratulations on your graduation and marriage.

Regarding your question, that is a toughie. I think you are F-1 out of status but not sure, once again.

Your I-20 doesn't stand any longer if your Internation Student Office reported you out of status.

I would put F-1 out of status but an immigration lawyer will have a better answer.

Can you just pay for an initial consultation and just ask the question?

You will be out of couple of hundreds dollars but will have a sure answer. That is what i did.

Did an initial consult and filed all the paperwork by myself with hubby.

Good luck.

[tinkerbish 6]

First of all, congratulations on your graduation and marriage.

Regarding your question, that is a toughie. I think you are F-1 out of status but not sure, once again.

Your I-20 doesn't stand any longer if your Internation Student Office reported you out of status.

I would put F-1 out of status but an immigration lawyer will have a better answer.

Can you just pay for an initial consultation and just ask the question?

You will be out of couple of hundreds dollars but will have a sure answer. That is what i did.

Did an initial consult and filed all the paperwork by myself with hubby.

Good luck.

thank you lili <3

[tessie143 0]

First of all, congratulations on your graduation and marriage.

Regarding your question, that is a toughie. I think you are F-1 out of status but not sure, once again.

Your I-20 doesn't stand any longer if your Internation Student Office reported you out of status.

I would put F-1 out of status but an immigration lawyer will have a better answer.

Can you just pay for an initial consultation and just ask the question?

You will be out of couple of hundreds dollars but will have a sure answer. That is what i did.

Did an initial consult and filed all the paperwork by myself with hubby.

Good luck.

thank you lili <3

Asking Uscis questions about your concern is no fee at all.

Better to do all things in your own...

my husband whenever he has question he will just call the uscis ....

thanks,

Since your married thats great...you can file AOS...

Tess

[Lili 3]

The thing about asking USCIS is that depending on who you talk, they give different answers. An infopass is better!

But that is just me.

I know there is an Immigration manual written by USCIS out there for F-1 students. It has almost all situations and such.

I will try to find it tonight.

[pushbrk 12,229]

The thing about asking USCIS is that depending on who you talk, they give different answers. An infopass is better!

But that is just me.

I know there is an Immigration manual written by USCIS out there for F-1 students. It has almost all situations and such.

I will try to find it tonight.

They don't call it the misinformation line for nothing. As long as your visa doesn't carry a requirement to return to your home country for a period of time, your marriage to a USC will cause any out of status or overstay to be forgiven. Just file the AOS with all truthful answers and enjoy.

[eau_xplain 2]

An overstay will not cause any problems with your AOS as long as you are married to a USC.

However, you might want to consult an experienced immigration lawyer if you have incurred overstay and for how long. Even though your overstay will be overlooked during the AOS process, you might have problems with traveling overseas and returning even with an AP. An overstay of more than 6 months will trigger a 3 year bar from re-entering the country if you go overseas. So if you have overstay, it is advised that you do not file for the AP and just wait until your green card before you travel overseas.

[tinkerbish 6]

hey guys

thank you so much for all your replies.

i was really stressed out because of my situation and u guys have given me courage and hope.

i really appreciate it.

lili i will check back later today or tomorrow to see if you found the f-1 status immigration manual.

thank you again <3

[Iyahata 0]

Well I adjusted from F-1 and everything went well. Graduated in May of 05 and did not get married until 2007. Officially became out of status in May of 2006 because I did get OPT. I was out of status for 13 months when I sent in my application. I did seek an attorney because in my search i was not able to find reliable information like what is available on this site. In for I-485 you can just write Out of Status. Your overstay will be forgiven because of your marriage the US citizen. In addition, my overstay was never raised in my interview either. I don't think you need an attorney. Once you ask the questions you will find many on her willing to help and provide reliable information.

Good luck!

[Lili 3]

Not sure, this will help. It does explain out of status and such.

Like others mention, you should have no problem to adjust status. However, you will need to reside in the USA till a decision is made in your case.