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ken86

OVERSTAY ON STUDENT VISA!!

By ken86 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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ken86 Explorer

ken86   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: India
 Timeline
Posted (edited)

well ...I got married last december to my wife on STUDENT visa..but i wasnt attending classes that time...after marriage i cam back to india..because my grandad died,.(i have to come)..and then after 4 months my wife came to India and we applied for DCF..our petition also got approved... so i have read the clause in FAM about 'F-1 student visa abusers'

a. Another ground of inadmissibility relates to aliens who violate INA § 214(1), which relates to students

b. That provision limits F-1 students to one year at a public elementary or secondary school and requires reimbursement of the cost of the education

c. Students who violate INA § 214(1) are inadmissible for a continuous period of five years after the date of violation

But i was attending the private school in US.. does that clause apply on me too...please help me..with this...but our I130 already approved...i m soo confused pls help me...

P.S overstayed for 5 months

Edited by ken86

My Timeline

14/07/2007----Met at Cousins Party (Notre dame, Indiana)

15/07/2007----Started talking (Exchange phone numbers)

31/08/2007----went back to India (For Family Issues)

2/10/2007---- Came Back to USA (Started living together)

12/12/2007----MARRIED in INDIANA,USA

07/03/2008----Gone to India (family Issues) Coudnt go back to USA Visa got finished!!!

23/08/2008---- My wife came to india (stayed 3 months)

24/11/2008----Applied DCF in New Delhi Embassy----GOT APPROVED same DAY got Packet 3.5 by hand

03/12/2008----Wife went back to USA

17/12/2008----Submit all documents @ VFS jullundher Packet 3.5

28/01/2009----Got interview date Packet 4: Feb 6th

29/01/2009----Went for medical

02/02/2009----GOT medical Report!! (all Fine)

06/02/2009---- INTERVIEW!!!! RECIVED 221g REQUSTING TO SUBMIT MORE DOCUMENTS with PASSPORT

28/02/2009---- Submitted 221g Documents with passport

18/03/2009---- Got passport without visa stamped on it

19/03/2009---- Called DOS and they said embassy is asking for my daughter's Birth cetificate and Passport

01/04/2009---- 1 month of AP!! - NO NEWS--- from embassy---called DOS No news---_STILL WAITING FOR ANOTHER 221g FROM EMBASSY!!!!!!

STILL UNDER AP!!!!! very Frustated

07/04/2009---- Case tranfered to FPU(fraud prevention unit)

15/06/2009---- Embassy asked me to submit my passport-----confused??

22/06/2009---- Got Visa in Hand

10/07/2009---- POE Denver!

olux2008 Rookie

olux2008   0

Posted
Filed: AOS (pnd) Timeline
Posted

visa overstay is determined by immigration judge. since there is no likelihood that you will receive "removal proceedings", depending on the bona fide nature of your marriage, you do not have to worry about facing the judge.

Peace.

12/17/08.........Married

7/28/08..........I130, I485, I765 Receipt Date

7/31/08.......... I130, I485, I765 Notice Date

8/20/08.......... Biometrics for EAD and 485

11/25/08.........AOS Interview in Tampa, FL

1/12/09...........USCIS mailed Notice of Intent to Deny. Evidence: Conflicting statements made by USC spouse at the interview to proof to officer that the marriage was bona fide.

March 2009......Received Denial Notice of I-130 and 485.

canadian_wife Grand Master

canadian_wife   1,831

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Really? only an immigration judge can determine overstays?

I thought I read that customs officers and border patrols have also determined overstays.

Anyone else?!?!?

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

tanyaru Collaborator

tanyaru   3

Posted
Filed: Citizen (pnd) Country: Russia
 Timeline
Posted
You need to submit your AOS. If you get picked up, then deportation proceeding will start.

OP can`t be picked up by US immigration. He is in India.

02/14/2008 Valentine`s Day Wedding!

AOS

04/09/2008 I-130 sent to Chicago Lockbox

05/03/2008 call to USCIS because NOA1 not received ;( Got the receipt number and was told that we cannot get replacement NOA1.

08/21/2008 request for NOA1 for I-130 to file AOS placed over the phone and forwarded to VSC. Thanks to the first great Rep at USCIS hotline

10/17/2008 Hubby`s B-day, NOA1 for I-130 finally arrives!

10/21/2008 AOS sent to Chicago lockbox

10/31/2008 NOAs for AOS received

11/06/2008 I-130 is transferred to CSC

11/20/2008 biometrics done

12/02/2008 I-130 APPROVED!!!

01/02/2009 EAD received

02/12/2009 Interview APPROVED!!!

02/17/2009 welcome letter received

02/23/2009 GC received!!! yay!!!

RC

11/18/2010 I-751 Sent to VSC

11/22/2010 NOA1

01/07/2011 Early Bio

01/27/2011 Scheduled Bio

05/11/2011 RC approved

05/17/2011 GC received

Naturalization

11/14/2011 Sent package via Priority to Nebraska SC

11/25/2011 NOA made it

Relocated to NE

04/03/2012 Interview passed!!!

04/10/2012 Oath

04/10/2012 New prints required/done

04/14/2012 Received a welcome packet but still no certificate

04/17/2012 Certificate is here!!!!! Dated 04/16/2012 huh????

 
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