Jump to content
Sign in to follow this  
pinayangelus

HELP NEEDED! HAVE IMPORTANT QUESTION! F-1 VISA HOLDER MARRIED!

6 posts in this topic

Recommended Posts

Filed: AOS (apr) Country: England
Timeline

I am new to this so I'm going to explain my situation:

- I met my husband online back in 2001.

- Dating ever since then, visiting back and forth from London to Los Angeles.

- Came to California July 2005 on a F-1 Visa, to study.

- Got married in Las Vegas, basically 2 weeks after I arrived. This was not planned, just spur of the moment and no intent to get married in the first place.

- Going to graduate in June 2009, which means I'll have to go home :( , which i really dont want to to!

- Expired F-1 Visa, but still have valid I-20 and going to college.

I was wondering if the fact that I got married back in 2005 will affect the decision of the government to grant me AOS, because i got married so soon and we have not decided to file for AOS until 6 months before I'm supposed to go back to London?

What has everyones experiences been?

What options do I have?

What advice do you have for me?

I'm really worried about this, please help me, any information will be much appreciated.

THANK YOU!


May 2002 -- Met online.

07/16/02 -- Decided to start a long distance relationship.

01/09/04 -- Finally met him in person when he visited me in London, UK.

June & Dec 04 -- Visited him in Los Angeles, CA.

07/10/05 -- Arrived in the U.S. on F-1 Visa.

07/18/05 -- Got married in Las Vegas, NV.

01/08/09 -- Visited London, UK with him.

06/12/09 -- My graduation, F-1 Visa expires in 60 days.

07/30/09 -- Sent off I-485 and I-130 TODAY!

08/02/09 -- Delivered to Chicago Lockbox @ 9.35pm.

08/05/09 -- Checks cashed.

08/08/09 -- Recieved 4 NOA-1's (I-130, I-485, I-131 and I-765).

08/11/09 -- Recieved Biometrics Appointment for 08/28/09 @ 10am.

08/13/09 -- Early (Walk-In) Biometrics taken today.

08/28/09 -- Original Biometrics Appointment.

09/08/09 -- Recieved Interview Appointment in Los Angeles, CA for 10/09/09 @ 9.45am.

09/15/09 -- EAD card production ordered.

09/16/09 -- AP document approval notice sent.

09/22/09 -- AP document recieved.

09/22/09 -- EAD approval notice recieved.

09/23/09 -- EAD recieved.

09/24/09 -- Applied for SSN.

10/02/09 -- Recieved SSN in the mail.

10/09/09 -- Interview Appointment in Los Angeles, CA @ 9.45am. APPROVED

10/15/09 -- Green card production ordered.

10/16/09 -- Recieved I-485 and I-130 Approval/Welcome letter.

10/21/09 -- Green Card recieved, IN HAND.

ticker.png

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: China
Timeline

Start with this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

The expired F-1 visa will not have any effect, and USCIS tends to forgive any overstay when AOS is based on marriage to a US citizen.

Note: If you do file to adjust status, you will need to include an I-131 for advance parole, leaving the USA without AP while AOS is pending will terminate AOS processing.

Edited by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Japan
Timeline
I am new to this so I'm going to explain my situation:

- I met my husband online back in 2001.

- Dating ever since then, visiting back and forth from London to Los Angeles.

- Came to California July 2005 on a F-1 Visa, to study.

- Got married in Las Vegas, basically 2 weeks after I arrived. This was not planned, just spur of the moment and no intent to get married in the first place.

- Going to graduate in June 2009, which means I'll have to go home :( , which i really dont want to to!

- Expired F-1 Visa, but still have valid I-20 and going to college.

I was wondering if the fact that I got married back in 2005 will affect the decision of the government to grant me AOS, because i got married so soon and we have not decided to file for AOS until 6 months before I'm supposed to go back to London?

What has everyones experiences been?

What options do I have?

What advice do you have for me?

I'm really worried about this, please help me, any information will be much appreciated.

THANK YOU!

This is just an opinon but I do not think the fact that you married 2 weeks after you arrived in the US affects the AOS adjudications in your case. If you filed AOS right after the marriage it looks very suspicious, but I think it is good that you waited until you really need to adjusted the status and you are still in school (i.e., it will support your argument that you did not have an intention to get married in the first place).

Also I think the fact that you have not decided to file for AOS until 6 months before you are supposed to go back to London does not hurt your case. I got my H1B after I married with USC husband hoping to going back to Japan within 1-2 years (and I did not want to have GC back then), but we have just filed AOS last month for several reasons. So, situation will change over the years.

In the General Tips on Assembling Applications for Mailing (http://www.visajourney.com/forums/index.php?autocom=custom&page=assembly) it is noted that "12. If you believe your situation to be unique, explain it fully in an attachment to the packet, not as a cover letter." So, if YOU think it would help (or if it increase your comfort level), you may wish to include a separate sheet explaining why you got married in 2 weeks after you arrived in the US and why you did not file AOS until now (I personally don't think it is necessary though).

You do not need to worry about your F-1 Visa being expired as you have valid I-20 assuming there was no interuption of I-20. I belive, as F-1 visa holder, you should have stamped D/S (duration of status) on your passport and I-94, which means you will not be out of status as long as you keep valid I-20 (i.e, expiration of F-1 visa does not affect your legal status in the US).

Edited by Mint518

AOS from H1B

[AOS Timeline of Dec.'08 Filers], [JV Thread for Dec.'08 AOS Filers]

12-17-08: I-130/I-485/I-765 sent to Chicago Lockbox via USPS

12-18-08: I-130/I-485/I-765 delivered

12-29-08: Received 3 NOAs (dated 12-24-2008)

12-29-08: Checks cashed

1-5-09: Received Biometric appt. notice (dated 12-30-2008)

1-20-09: Biometric done

2-17-09: Received interview appt. letter (dated 2-12-2009)

3-5-09: Received EAD (dated 2-28-2009)

4-6-09: AOS Intervew @NYC

4-13-09: Received welcome letter (dated 4-8-09)

4-18-09: Received GC (dated 4-13-08)

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Japan
Timeline
You do not need to worry about your F-1 Visa being expired as you have valid I-20 assuming there was no interuption of I-20. I belive, as F-1 visa holder, you should have stamped D/S (duration of status) on your passport and I-94, which means you will not be out of status as long as you keep valid I-20 (i.e, expiration of F-1 visa does not affect your legal status in the US).

FYI - folloing is a quote from http://www.travel.state.gov/visa/temp/info/info_1298.html in support of the above. :)

  • The Expiration Date for the visa should not be confused with the authorized length of your stay in the U.S., given to you by the U.S. immigration inspector at port-of-entry, on the Arrival-Departure Record, Form I-94, or I-94W for the Visa Waiver Program. The visa expiration date has nothing to do with the authorized length of your stay in the U.S. for any given visit.

  • ... If you have "duration of status" or “D/S” on your Form I-94, you may remain in the U.S. as long as you continue your course of studies or remain in your exchange program or qualifying employment.

AOS from H1B

[AOS Timeline of Dec.'08 Filers], [JV Thread for Dec.'08 AOS Filers]

12-17-08: I-130/I-485/I-765 sent to Chicago Lockbox via USPS

12-18-08: I-130/I-485/I-765 delivered

12-29-08: Received 3 NOAs (dated 12-24-2008)

12-29-08: Checks cashed

1-5-09: Received Biometric appt. notice (dated 12-30-2008)

1-20-09: Biometric done

2-17-09: Received interview appt. letter (dated 2-12-2009)

3-5-09: Received EAD (dated 2-28-2009)

4-6-09: AOS Intervew @NYC

4-13-09: Received welcome letter (dated 4-8-09)

4-18-09: Received GC (dated 4-13-08)

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Mexico
Timeline
I was wondering if the fact that I got married back in 2005 will affect the decision of the government to grant me AOS, because i got married so soon and we have not decided to file for AOS until 6 months before I'm supposed to go back to London?

What has everyones experiences been?

What options do I have?

What advice do you have for me?

I'm really worried about this, please help me, any information will be much appreciated.

THANK YOU!

It won't, the fact that you got married is not a reason to apply for AOS.

There is a lot of people who have gotten married to US citizens that have never intended to AOS.

Just apply for AOS, as long as you can prove your relationship is truthful you don't have anything to worry about. There are people that have illegally stayed in the US and gotten married to USCs and have been able to adjust status.

Don't freak out you will be fine, just gather as much evidence as possible to prove you got married out of love ;)


05/01/08 Green Card in mailbox!!

06/05/10 Real GREEN Card RECEIVED!

01/17/13 Sent application for US Citizenship!!!

01/19/13 Arrived to Arizona Lockbox

01/24/13 Notice of Action

01/25/13 Check cashed

01/28/13 NOA received by mail and biometrics letter mailed as per uscis.gov

02/14/13 Biometrics appointment

03/18/13 In-line for inteview

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: England
Timeline

Thank you very much to all who replied, I have been stressing about this for a while! Thinking that they will think it was visa fraud. But really we were just really young, naive and in love!

Thank you, thank you, wow I'm really glad I found VJ, I have friends that have gone through this and can help me through!

Any other replies, would be much appreciated :)

Edited by pinayangelus

May 2002 -- Met online.

07/16/02 -- Decided to start a long distance relationship.

01/09/04 -- Finally met him in person when he visited me in London, UK.

June & Dec 04 -- Visited him in Los Angeles, CA.

07/10/05 -- Arrived in the U.S. on F-1 Visa.

07/18/05 -- Got married in Las Vegas, NV.

01/08/09 -- Visited London, UK with him.

06/12/09 -- My graduation, F-1 Visa expires in 60 days.

07/30/09 -- Sent off I-485 and I-130 TODAY!

08/02/09 -- Delivered to Chicago Lockbox @ 9.35pm.

08/05/09 -- Checks cashed.

08/08/09 -- Recieved 4 NOA-1's (I-130, I-485, I-131 and I-765).

08/11/09 -- Recieved Biometrics Appointment for 08/28/09 @ 10am.

08/13/09 -- Early (Walk-In) Biometrics taken today.

08/28/09 -- Original Biometrics Appointment.

09/08/09 -- Recieved Interview Appointment in Los Angeles, CA for 10/09/09 @ 9.45am.

09/15/09 -- EAD card production ordered.

09/16/09 -- AP document approval notice sent.

09/22/09 -- AP document recieved.

09/22/09 -- EAD approval notice recieved.

09/23/09 -- EAD recieved.

09/24/09 -- Applied for SSN.

10/02/09 -- Recieved SSN in the mail.

10/09/09 -- Interview Appointment in Los Angeles, CA @ 9.45am. APPROVED

10/15/09 -- Green card production ordered.

10/16/09 -- Recieved I-485 and I-130 Approval/Welcome letter.

10/21/09 -- Green Card recieved, IN HAND.

ticker.png

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
Sign in to follow this  
- 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.
“;}
×
×
  • Create New...