F1 student married to USC

[siebela 0]

Hi everybody,

I entered the U.S. on a F1 visa which I have since September 2009.

My husband and I got married last week and on Monday I dropped out of school.

My advisor told me that I am still enrolled until the whole paperwork is processed (probably by the end of this week) and then I have 15 days to leave the country, what I'm not going to do, because I am trying to adjust my status.

My visa will be invalid after those 15 days, so what will happen if I sent the paperwork later than this date to Chicago?

WIll there be any consequences? What if I can not send it until the beginning of March?

Right now, I am just waiting for my I-693 from the Civil Surgeon and the original paperwork of my husbands prior divorce.

It makes me worry if they can just kick me out of the country because I didn't leave it when I was told to and I am not in the process of adjusting my status yet.

I appreciate every advice!

Thanks a lot!

Stephanie

[Barbara J 115]

Hi everybody,

I entered the U.S. on a F1 visa which I have since September 2009.

My husband and I got married last week and on Monday I dropped out of school.

My advisor told me that I am still enrolled until the whole paperwork is processed (probably by the end of this week) and then I have 15 days to leave the country, what I'm not going to do, because I am trying to adjust my status.

My visa will be invalid after those 15 days, so what will happen if I sent the paperwork later than this date to Chicago?

WIll there be any consequences? What if I can not send it until the beginning of March?

Right now, I am just waiting for my I-693 from the Civil Surgeon and the original paperwork of my husbands prior divorce.

It makes me worry if they can just kick me out of the country because I didn't leave it when I was told to and I am not in the process of adjusting my status yet.

I appreciate every advice!

Thanks a lot!

Stephanie

If you are AOS now then don't leave if you overstay your visa. Just wait for your OAS to be done. Other alternative is leave go back to home country and USC apply for Cr1

[siebela 0]

We really don't want to wait 8 months or even longer for a Cr1, so I guess I should be fine if I overstay and try to AOS asap.

Maybe I'm lucky and I will receive all the paperwork still needed in time, so I can send everything to Chicago before I'm actually overstaying.

Thanks for your response!

[vivizoka 0]

As far as I know, overstay is not a big deal if you're adjusting your status through marriage, unless you entered the country on a WVP. I know that once you file and receive your NOA, you're safe to drop out of school. You should be fine, but try to file the AOS as soon as you can just to be safe

Good luck!

[Maxximus1074 14]

Hi Siebela,

just ready your posting, and I can put your mind at ease - there is really nothing to worry about once you fall out of status, as long as you stay out of trouble, don't commit any crimes here or misrepresent yourself in order to go to work, have a fake/stolen social security number.

With filing the AOS you will lose your F-1 student visa in either way since you are doing the "adjustment" part of AOS, from a non-immigrant status aka student to become permanent resident here in the US. As the other posters have mentioned, you need to stay in the US during this process unless you have some valid reasons for them to approve your "advanced parole" application.

From personal experience I can even tell you this - I came to the US in 2000 with same status as you, fell in love, got married before the expiration date of the visa. Alas, 2 years into the marriage it went downhill, long story short, my ex-wife didn't assist me with filing anything with immigration and we separated and eventually divorced. In the last 2 years I met my true soulmate and we got married, too. Last October we filed my AOS package, 5 years after my student visa expired. And last week we had the interview, I was only asked the question to confirm that nothing was filed in my prior marriage but that was it and I got approved.

Welcome to the Visajourney and good luck, viel Glueck to you and your spouse in this important part of your life.

Feel free to post any questions and we'll share our thoughts, experiences and knowledge

Maxximus

[siebela 0]

Hi Maxximus!

Thanks a lot for your response!

I think I can manage staying out of trouble, so no worries at all about that!

Is it difficult to get the advanced parole approved? I was planning on sending this document with all the others.

I mean I don't have to go home to Austria for the next few months, unless my mom calls me because something happened to my grandparents or another close family member. It would just be in case of an emergency.

Wow, so you have been out of status for 5 years and they didn't mention anything at the interview?

Thanks for sharing your story! It definitely makes me worry a lot less about being out of status for some days or at the most a few weeks.

It worked out pretty quick for you from filing for AOS until the interview! That's awesome and I'm very happy for you! Congratulations!

Stephanie

[siebela 0]

Another question just popped into my head.

I have a driver's license form Virginia.

So when it's asked for the Alien Registration Number in the forms, I would put my driver's license number in there?

Thanks!

[Harpa Timsah 13,258]

Another question just popped into my head.

I have a driver's license form Virginia.

So when it's asked for the Alien Registration Number in the forms, I would put my driver's license number in there?

Thanks!

No no Disregard anything state-issued. We are talking about Feds here Also, DL is just permission to drive, nothing to do with immigration.

You may have an A-number associated with your F-1 visa. Hopefully Max or someone else can tell you exactly where to locate it in your old paperwork. It starts with A and then has some 0's and then a number.

Good luck.

Edit: Oh, Advance Parole is routinely approved with your pending I-485. You can put "unknown" for travel dates. They don't even check to see if you are eligible to use it before approving (some people who have overstayed their visa but 180 days or more would trigger a ban upon leaving the US, even with an AP doc in hand, so therefore cannot use it).

Edited February 11, 2011 by Harpa Timsah

[siebela 0]

hmmm, just checked my F-1 visa and I couldn't find an A number on there.

Is it possible that I don't have one yet? I haven't filed any paperwork yet, I will send all at once next week or the week after.

I would use the Advance Parole just in an emergency situation, otherwise I'm not intending to leave before I adjusted my status.

Thanks a lot for your response!!

[Maxximus1074 14]

Hi Steph,

phew....good, am glad I could get you not worried about your status anymore

...you asked the question about AP - I need to pass that question along to our fellow VJers as I didn't file it with my AOS package, like my wife said "let's wait for the real deal and then we explore the world".

Harpa mentioned for you to look up your "old" paperwork for the A-number - and it's not surprising though you didn't find it in there - its easy, the A-number is an Alien registration number applying to people intending to immigrate to the US - and "us" with a prior visa that limits the time in the US, whether it has an expiration date, is extend-able or not, in either way are just considered "guests" and so have no registration number. Long sentence huh?! To sum it up - unless you filed anything for immigrating purposes you have none - so your forms now will all have "N/A".

If you should get an RFE, (Which I do not hope, pressing my thumbs and crossing my fingers) you then would have to enter it as it becomes available with your NOA - Notice of Action #1.

Have a great weekend everybody!!

Maxximus

p.s. thank you for your congratulation wishes towards my acceptance for AOS

Edited February 12, 2011 by Maxximus1074

[Brother Hesekiel 2,235]

Hi Maxximus!

I mean I don't have to go home to Austria for the next few months, unless my mom calls me because something happened to my grandparents or another close family member. It would just be in case of an emergency.

Stephanie

Stephanie,

Unless you are a super gifted brain or cardiac surgeon with international reputation, I don't even see why you would have to return to Austria in case of an emergency, even if your mom called you. What is it you could do to your grandparents in case of an emergency no other surgeon in Austria can do?

At this point in time, you may want to set your priorities on not messing up your pending up-and-coming immigration. I haven't been in my old country in almost 17 years and both of my parents died while I was here in the US, unable to come back, had I left.

Should you find yourself in a similarly unfortunate situation, you'll need to man up, even as a woman, or you will have accept the consequences of your actions. So no crazy talk, unless you have become Chief of Surgery in the hospital you're currently working at.

[siebela 0]

That's your loss if you couldn't leave the country for 17 years, not mine!

I think it is my decision if I file for an I-131 or not and not yours, as well as if I feel it is a priority to me.

Oh I am grown up enough to deal with consequences, so no worries about that!

I actually don't even know what the hell you are talking about, but it's neither helpful, nor of any interest to anybody.

[conny26 0]

That's your loss if you couldn't leave the country for 17 years, not mine!

I think it is my decision if I file for an I-131 or not and not yours, as well as if I feel it is a priority to me.

Oh I am grown up enough to deal with consequences, so no worries about that!

I actually don't even know what the hell you are talking about, but it's neither helpful, nor of any interest to anybody.