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sakurasama

Visa expiring in five days! Can submit I-130?

By sakurasama in Adjustment of Status from Work, Student, & Tourist Visas

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sakurasama Explorer

sakurasama   0

Posted
Filed: K-1 Visa Timeline
Posted

My friend has one month expiration on her student visa according to her passport and has been planning to marry her boyfriend this month. Her school just let her know that her visa actually expires in five days as her program has ended. She is distraught as her wedding is already planned! Does anyone know is it possible to get married and submit an I-130 in the next five days? Would she be overstaying her visa if she did this and stayed in the country or is her only option to marry and then leave the country in five days (a very expensive proposition for her right now)? Any advice is much appreciated!!!

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Darnell Grand Master

Darnell   8,478

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

*** moving to Adjustment of Status from Work, Student, & Tourist Visas forum, has nothing to do with K-3 visa ***

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

-----

1. does she have any 2 year 'stay at home country ' requirement? if so, she'd have to ask for a waiver when filing the Adjustment of status.

2. file BOTH the I-130 and I-485, concurrently.

3. a few weeks of 'out of status' seems to be OK with USCIS.

4. have yer friend review http://www.visajourney.com/content/i130guide2 and http://www.visajourney.com/content/otheraos

5. email this page link to yer friend - click the 'email' link below.

Good Luck !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

My friend has one month expiration on her student visa according to her passport and has been planning to marry her boyfriend this month. Her school just let her know that her visa actually expires in five days as her program has ended. She is distraught as her wedding is already planned! Does anyone know is it possible to get married and submit an I-130 in the next five days? Would she be overstaying her visa if she did this and stayed in the country or is her only option to marry and then leave the country in five days (a very expensive proposition for her right now)? Any advice is much appreciated!!!

I don't think that will be a problem or that she has to leave in five days.

People on student visa get a grace period after completion of studies (I keep forgetting if it is 30 or 60 days) before they are considered overstaying.

And as long as she didn't enter the US last time with the intent to immigrate, she can stay after getting married and then adjust status.

But after she files to adjust status, she can't leave the country until she either gets her GC or advance parole (travel permit)

-----

1. does she have any 2 year 'stay at home country ' requirement? if so, she'd have to ask for a waiver when filing the Adjustment of status.

2. file BOTH the I-130 and I-485, concurrently.

3. a few weeks of 'out of status' seems to be OK with USCIS.

4. have yer friend review http://www.visajourney.com/content/i130guide2 and http://www.visajourney.com/content/otheraos

5. email this page link to yer friend - click the 'email' link below.

Good Luck !

Oh yeah! keep forgetting that some student visa have the 2 year rule too!

What Darnell said..

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
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sakurasama Explorer

sakurasama   0

Posted
Filed: K-1 Visa Timeline
  • Author
Posted

. does she have any 2 year 'stay at home country ' requirement? if so, she'd have to ask for a waiver when filing the Adjustment of status.

Not sure. She is Austrian. Does it depend on her country of origin?

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

ask HER - she'll know, for certain.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

ok - check her current visa stamp - should be (or it's absent) something about 2YR......

if it's not stamped in the visa, then supposedly she's not subject to the 2 year 'stay at home' rule.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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besaangel Proficient

besaangel   17

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

I asked her! She doesn't know!

In that case, have her talk to her DSO immediately and before she starts the AOS process to be on the safe side... Ask he what visa is in her passport and what is written on her I-94. Providin these answers will better help us provide good advice...

6y2gm4.pngE1nrm4.png

01/06/10 - ♥ Got Married ♥

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

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