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True Love at Last

Student Visa - Out of Status

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So here is my friend's situation:

She met a man from another state and they spoke for quite some time (online, on the phone, etc). They got to know each other well and they have traveled to see each other on several occasions. He recently moved to live with her becasue she has a child and cannot move out of state.

He originally came to the US in 2006 on a Student Visa. He is recently Out of Status and did not return home.

They were just legally married and I am wondering if the AOS process will be the normal process or will he require anything special as he is Out of Status?

Any helpful and non-judgemental advice would be appreciated, as I know VJ'rs can be a bit harsh on those who overstay. He is a nice guy and they are truly in love. I want them to make the right decisions and VJ has been such a success for me, so this is the first place I thought to turn to.

I am not sure how long he has been out of status but it has not been long.

I appreciate your help in advance in the hopes that you will be kind :D

Edited by Shyflower

January 16, 2013 - I-129F Petition Sent USPS
January 22, 2013 - Petition Delivery Confirmed
January 25, 2013 - NOA1 Email and Text Confirmation
January 30, 2013 - "Touched" Alien Number Generated
January 31, 2013 - NOA1 Letter Received via "snail mail"
June 21, 2013 - Transferred from Vermont

July 6, 2013 - Actual Approval but error did not generate our NOA2

July 17, 2013 - Service Request via USCIS (6 months)

July 22, 2013 - Approval affirmed via USCIS.gov new NOA2 generated

August 2013 - NVC Case # Generated

August 28, 2013 - Packet 3 received from Cairo Embassy

September 2013 - Medical Complete

October 22, 2013 - Packet returned complete to Embassy via DHL

February 2014 - Interview letter received

March 24, 2014- Interview - EGYPT

April 4 & 7, 2014 - Case Touched Twice - Requested Expedite due to Beneficiary's Mothers Passing (4/1/14)

April 7, 2014 - Passport sent to Embassy via DHL

April 14, 2014 - VISA Received

April 18, 2014 - Flight to USA

July 11, 2014 - MARRIED!!!!

August ,2015 - AOS finally filed ;-)

August ,2015 - RFE

September 2015 - Returned RFE information

November ,2015 - EAD Approved

November ,2015 - EAD Received

December ,2015- AOS Approved

December ,2015- 2 year Green Card Received

November 13, 2016 my little brother passed away :-(

December ,2017 Lift conditions InshaAllah

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Should be a straight-forward AOS. Here is the guide http://www.visajourney.com/content/i130guide2

They do not need to do anything about the overstay. It will be irrelevant/forgiven if the GC is approved. Keep in mind that the husband cannot use AP even if he gets approved for it. He will have to wait until he gets his GC to travel.

Is that nice enough for you? ;)

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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if he had been a good citizen (since being out of status) then that would help a lot. he might get a lot of questions but the fact that he didn't marry right away after his student visa expired could be taken as a good sign that he didn't get married just so he could become a PR.

the sooner they apply for his AOS though the better because if he waits, that would make USCIS people think he doesn't care about proper procedures.

you may also want to suggest that he come up with good (more preferably, legal) reasons for overstaying, like didn't have the money then, so broke, etc.

good luck to both of them =)


I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

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Should be a straight-forward AOS. Here is the guide http://www.visajourney.com/content/i130guide2

They do not need to do anything about the overstay. It will be irrelevant/forgiven if the GC is approved. Keep in mind that the husband cannot use AP even if he gets approved for it. He will have to wait until he gets his GC to travel.

Is that nice enough for you? ;)

:yes:

Thank you, that is exactly what I was looking for, your the best !


January 16, 2013 - I-129F Petition Sent USPS
January 22, 2013 - Petition Delivery Confirmed
January 25, 2013 - NOA1 Email and Text Confirmation
January 30, 2013 - "Touched" Alien Number Generated
January 31, 2013 - NOA1 Letter Received via "snail mail"
June 21, 2013 - Transferred from Vermont

July 6, 2013 - Actual Approval but error did not generate our NOA2

July 17, 2013 - Service Request via USCIS (6 months)

July 22, 2013 - Approval affirmed via USCIS.gov new NOA2 generated

August 2013 - NVC Case # Generated

August 28, 2013 - Packet 3 received from Cairo Embassy

September 2013 - Medical Complete

October 22, 2013 - Packet returned complete to Embassy via DHL

February 2014 - Interview letter received

March 24, 2014- Interview - EGYPT

April 4 & 7, 2014 - Case Touched Twice - Requested Expedite due to Beneficiary's Mothers Passing (4/1/14)

April 7, 2014 - Passport sent to Embassy via DHL

April 14, 2014 - VISA Received

April 18, 2014 - Flight to USA

July 11, 2014 - MARRIED!!!!

August ,2015 - AOS finally filed ;-)

August ,2015 - RFE

September 2015 - Returned RFE information

November ,2015 - EAD Approved

November ,2015 - EAD Received

December ,2015- AOS Approved

December ,2015- 2 year Green Card Received

November 13, 2016 my little brother passed away :-(

December ,2017 Lift conditions InshaAllah

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if he had been a good citizen (since being out of status) then that would help a lot. he might get a lot of questions but the fact that he didn't marry right away after his student visa expired could be taken as a good sign that he didn't get married just so he could become a PR.

the sooner they apply for his AOS though the better because if he waits, that would make USCIS people think he doesn't care about proper procedures.

you may also want to suggest that he come up with good (more preferably, legal) reasons for overstaying, like didn't have the money then, so broke, etc.

good luck to both of them =)

I agree with you and yes, he overstayed with the intention of returning to school but he simply couldnt afford it. He has been here for 5 yers so he could have married just anyone to stay but he is not that kind of person. He has made friends here and has fallen in Love with my dearest friend and I want to help them do things by the book as I have done.

Thank you for the additional pointers. It is greatly appreciated !


January 16, 2013 - I-129F Petition Sent USPS
January 22, 2013 - Petition Delivery Confirmed
January 25, 2013 - NOA1 Email and Text Confirmation
January 30, 2013 - "Touched" Alien Number Generated
January 31, 2013 - NOA1 Letter Received via "snail mail"
June 21, 2013 - Transferred from Vermont

July 6, 2013 - Actual Approval but error did not generate our NOA2

July 17, 2013 - Service Request via USCIS (6 months)

July 22, 2013 - Approval affirmed via USCIS.gov new NOA2 generated

August 2013 - NVC Case # Generated

August 28, 2013 - Packet 3 received from Cairo Embassy

September 2013 - Medical Complete

October 22, 2013 - Packet returned complete to Embassy via DHL

February 2014 - Interview letter received

March 24, 2014- Interview - EGYPT

April 4 & 7, 2014 - Case Touched Twice - Requested Expedite due to Beneficiary's Mothers Passing (4/1/14)

April 7, 2014 - Passport sent to Embassy via DHL

April 14, 2014 - VISA Received

April 18, 2014 - Flight to USA

July 11, 2014 - MARRIED!!!!

August ,2015 - AOS finally filed ;-)

August ,2015 - RFE

September 2015 - Returned RFE information

November ,2015 - EAD Approved

November ,2015 - EAD Received

December ,2015- AOS Approved

December ,2015- 2 year Green Card Received

November 13, 2016 my little brother passed away :-(

December ,2017 Lift conditions InshaAllah

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Get them to file for 130, 485 together and all the stuff that goes with it. Overstay would be a question if they suspect that the reason for marriage is to gain GC, hence if your friends were in love much before the overstay dates, make sure they include those evidence. Good luck


rahul

Timeline
------------------------------------------------------------------------------------
Naturalization N400...

01/16/2015 --- Package Sent

02/18/2015 --- Fingerprints done

=====================================================

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