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andrea&roberto

Overstaying Student Visa HELP

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

My roommate came on a student visa, which was valid for 2 years, ONLY WHILE studying at a valid/accepted school. So, although it hasn't "formally" expired, he didn't abide by the restricitons set. So, now, he's basically overstayed his student visa. He is here working, and going to an english school, but not a validated one. HIS QUESTION is what to do if he were to marry here in the US. Does he just pay a fee? What does he do to restore his legal status? If he married, would he need to go back to home country and start CR1 there, or can he remain here, with his life, and work if he got married legally?


CLICK ---->Andrea & Roberto da Silva ~ April 26, 2006 Jaboatao, Brasil

View our Timeline HERE

ON VALENTINE'S DAY, I BROUGHT MY HUSBAND, ROBERTO, HOME! IT WAS THE BEST DAY EVER!

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Filed: Citizen (apr) Country: Brazil
Timeline

You say the visa is still valid but he has overstayed. Which is it? What stipulations came with the visa with respect to leaving when he finished studying?


NOA 2. Really?

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Filed: Citizen (apr) Country: Canada
Timeline

Since he entered with inspection (was granted a visa and entered through a port of entry) he can marry a USC (of course if it is for love) and adjust status to a permenant resident. The process will be long and expensive. Begin with the guides on here for adjustment of status

Good luck.


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August 12, 2008 - petition sent
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178 DAYS FROM NOA-1


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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

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You say the visa is still valid but he has overstayed. Which is it? What stipulations came with the visa with respect to leaving when he finished studying?

Say he got a student visa, but then he did not go to school, which is what this sounds like. He has a visa, but because he is not attending class at that school, he is out of status; that is, not fulfilling the terms of his visa. You have to attend the school that issued you the I-20 and maintain a full time course of study -- it doesn't matter what the visa expiration date is.

Edited by Tabouleh

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Filed: Citizen (apr) Country: Romania
Timeline

By working without authorization and not attending the school that the student visa was issued for, your friend violated the terms of his visa. Therefore, he is out of status. However, he may marry a US citizen and apply for AOS. Yes, there are application fees involved but the fee doesn't guarantee the AOS approval by itself. First of all the marriage needs to be legit. :guides: There are a lot of people on this forum who applied for AOS and they had a student visa.


My N-400 Journey

06-02-2017 - N-400 package mailed to Dallas Lockbox

06-06-2017 - Credit card charged; received text and email confirming that application was received and NOA is on its way

06-10-2017 - Received NOA letter from NBC dated 06-05-2017

06-16-2017 - Received Biometrics Appointment Letter for 06-28-2017

01-19-2018 - Interview Letter sent

02-27-18 - Interview and Oath Ceremony. Finally US CITIZEN! 

My ROC Journey

03-08-2012 - I-751 package mailed to VSC

03-10-2012 - I-751 package delivered

03-14-2012 - Check cashed

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11-23-2012 - ROC approved

11-28-2012 - Approval letter received

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My AOS Journey

04-17-09 I-130&I-485&I-765 received by USCIS

04-19-10 AOS Approved

04-29-10 Green Card received

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

Ok, yes, so he is out of status. He does want to marry, legitimately (spelling) so how does he apply for AOS (adjustment of status- i'm assuming) what forms first does he need to fill out, and will he pay extra fees because he is out of status now?


CLICK ---->Andrea & Roberto da Silva ~ April 26, 2006 Jaboatao, Brasil

View our Timeline HERE

ON VALENTINE'S DAY, I BROUGHT MY HUSBAND, ROBERTO, HOME! IT WAS THE BEST DAY EVER!

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Ok, yes, so he is out of status. He does want to marry, legitimately (spelling) so how does he apply for AOS (adjustment of status- i'm assuming) what forms first does he need to fill out, and will he pay extra fees because he is out of status now?

Read the guides for Adjustment of Status from work, tourist and student visa.


ROC 2009
Naturalization 2010

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