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MrPinkman

Out Of Status Student

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Hello everyone,

See i understand that there are guides on this forum probably detailing my situation, but there's something about getting a direct response - it creates a sense of hope (no matter how false). Bear with me :thumbs:

I'm new to the Forum. I graduated college Dec. 17 2011 and applied for a EAD card using my DSO's help. I was asked for RFE due to a birth date typo on my I-20. Shortly after, I was denied because apparently the initial application arrived "1 day" later than the 30 days time frame (DSO's error, not mine). DSO & I tried to get OPT denial overturned, but to no avail. Received the denial letter on April 3rd, 2012.

I'm 25, Born to a Nigerian Mum & Haitian Father & currently reside in Ohio with good friends ! I came here legally . My family does decent & so I've mooched of my dad since birth, with only one "serious" position were I worked in school in the registrar's office. :blush: (don't judge) !

My girlfriend Mika & I have been dating since 2008. She's 3 years older than I am and we're in love. She suggests we get married to get me situated (not that we haven't thought of it, but the situation makes it "sorta" pressing). I want to do it, but the hassle frightens me being that I've read all kinds of things happening. These are my questions :

1) When exactly does one fall out of status ? In my case would it be after graduation or the date of OPT denial ?

2) I hear the USCIS issues Green Cards on the basis of quotas', what are some key things people do to screw themselves over when interviewing that you think we should avoid ?

3) How long can I stay out of status until we move forward with the marriage ? She wants her brother to get back from the army sometime later in the year but I'm losing mind waiting.

Looking forward to your responses,

And thanks for the community - I feel better knowing there's many of "us" out there.


Arrived in the U.S - August 17th, 2006 on F1 Visa
Met "then" girlfriend - March 2009
Graduated - December 17th, 2011
Applied for Post-Graduation Work Permit (OPT) - Jan, 23rd 2012
Work Permit (OPT) Denied for "late submission into SEVIS system" - Received Denial Letter April 3rd, 2012
Fell out of status ...:/
Married - September 10th, 2012
Mailed I-485/I-130/I-765 Packet - April 1st, 2013
Arrived at Chicago Lockbox - April 3rd, 2013
Received E-mail Acceptance Confirmation - April 10th, 2013
NOA1 - April 15th, 2013
Biometrics Appointment - Received notice on April 22nd. Appointment scheduled for May 6th, 2013

Received actual interview letter - May 17th for June 21st

Interview, June 21st. - No decision made. IO said we should expect to hear back from him in 2 - 3 weeks, that we can expect a visit or phone call just to verify. Interview started out fine, but IO didn't seem to like our living situation with a friend. We are hoping for the best ....

Aug 2nd - 6 weeks later. Still no word :/... Please send prayers

Moved on Aug 16th to our own place smile.png, after living with a friend for the longest.

Missed Officers Home Visit - October 25th

Officers visit Wife's Auntie's House - Nov 8th

Officers Interview Friend who wrote affidavit in app ??- Dec 20th

STILL NO DECISION ...

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Hello everyone,

See i understand that there are guides on this forum probably detailing my situation, but there's something about getting a direct response - it creates a sense of hope (no matter how false). Bear with me :thumbs:

I'm new to the Forum. I graduated college Dec. 17 2011 and applied for a EAD card using my DSO's help. I was asked for RFE due to a birth date typo on my I-20. Shortly after, I was denied because apparently the initial application arrived "1 day" later than the 30 days time frame (DSO's error, not mine). DSO & I tried to get OPT denial overturned, but to no avail. Received the denial letter on April 3rd, 2012.

I'm 25, Born to a Nigerian Mum & Haitian Father & currently reside in Ohio with good friends ! I came here legally . My family does decent & so I've mooched of my dad since birth, with only one "serious" position were I worked in school in the registrar's office. :blush: (don't judge) !

My girlfriend Mika & I have been dating since 2008. She's 3 years older than I am and we're in love. She suggests we get married to get me situated (not that we haven't thought of it, but the situation makes it "sorta" pressing). I want to do it, but the hassle frightens me being that I've read all kinds of things happening. These are my questions :

1) When exactly does one fall out of status ? In my case would it be after graduation or the date of OPT denial ?

2) I hear the USCIS issues Green Cards on the basis of quotas', what are some key things people do to screw themselves over when interviewing that you think we should avoid ?

3) How long can I stay out of status until we move forward with the marriage ? She wants her brother to get back from the army sometime later in the year but I'm losing mind waiting.

Looking forward to your responses,

And thanks for the community - I feel better knowing there's many of "us" out there.

1. I am not positive with your situation...is your original visa out of date?

2. This is false - there is not limit or wait list for the spouse of a US citizen.

3. You can stay out of status however long you want, but there is a catch. If you ended up not marrying and left you would be banned from entering for years to come. If you do get married apply and for some reason were denied, you would have to leave and be banned. If you are absolutely sure about spending the rest of your life with this person it isn't as big a deal - most folks are approved and the overstay in effect is dismissed. But there is that risk...


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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1. I am not positive with your situation...is your original visa out of date?

2. This is false - there is not limit or wait list for the spouse of a US citizen.

3. You can stay out of status however long you want, but there is a catch. If you ended up not marrying and left you would be banned from entering for years to come. If you do get married apply and for some reason were denied, you would have to leave and be banned. If you are absolutely sure about spending the rest of your life with this person it isn't as big a deal - most folks are approved and the overstay in effect is dismissed. But there is that risk...

What he said :)

Make sure you are absolutely positive about marriage.


3/23/2012 (Day 0) - I-130, I-485 and I-765 sent
4/02/2012 (Day 11) - Hard Copy of NOA1 in the mail of I-130, I-485 and I-765
4/04/2012 (Day 13) - Received a letter for biometrics appointment for 4/20/2012.
4/20/2012 (Day 29) - Biometrics done
5/03/2012 (Day 42) - Status online changed to interview, scheduled for June 11
5/16/2012 (Day 55) - EAD Card Production, online status update
5/24/2012 (Day 63) - EAD Card in the mail
6/11/2012 (Day 83) - Interview, approved on the spot

05/19/2014 (Day 0) - Mailed I-751

05/27/2014 (Day 8) - Received NOA1

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Yes, my visa has been expired for 2 years, but I-20 and everything else was valid until denial decision by USCIS.

Thanks for the response :yes:


Arrived in the U.S - August 17th, 2006 on F1 Visa
Met "then" girlfriend - March 2009
Graduated - December 17th, 2011
Applied for Post-Graduation Work Permit (OPT) - Jan, 23rd 2012
Work Permit (OPT) Denied for "late submission into SEVIS system" - Received Denial Letter April 3rd, 2012
Fell out of status ...:/
Married - September 10th, 2012
Mailed I-485/I-130/I-765 Packet - April 1st, 2013
Arrived at Chicago Lockbox - April 3rd, 2013
Received E-mail Acceptance Confirmation - April 10th, 2013
NOA1 - April 15th, 2013
Biometrics Appointment - Received notice on April 22nd. Appointment scheduled for May 6th, 2013

Received actual interview letter - May 17th for June 21st

Interview, June 21st. - No decision made. IO said we should expect to hear back from him in 2 - 3 weeks, that we can expect a visit or phone call just to verify. Interview started out fine, but IO didn't seem to like our living situation with a friend. We are hoping for the best ....

Aug 2nd - 6 weeks later. Still no word :/... Please send prayers

Moved on Aug 16th to our own place smile.png, after living with a friend for the longest.

Missed Officers Home Visit - October 25th

Officers visit Wife's Auntie's House - Nov 8th

Officers Interview Friend who wrote affidavit in app ??- Dec 20th

STILL NO DECISION ...

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My girlfriend Mika & I have been dating since 2008. She's 3 years older than I am and we're in love. She suggests we get married to get me situated (not that we haven't thought of it, but the situation makes it "sorta" pressing). I want to do it, but the hassle frightens me being that I've read all kinds of things happening. These are my questions

This brings up a question I've had for awhile. Would saying that in an interview get a person in trouble? I think we all know that many people, who are "real" couples, might speed up their wedding date because of citizenship issues. But if you come right out and say it, is it a problem?


AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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This brings up a question I've had for awhile. Would saying that in an interview get a person in trouble? I think we all know that many people, who are "real" couples, might speed up their wedding date because of citizenship issues. But if you come right out and say it, is it a problem?

I think it is important that you want to get married for the right reasons, and it's ok if you rush a bit because you want your spouse to be happier when she/he can work. I don't think that GC should be the primarily reason you are getting married.


3/23/2012 (Day 0) - I-130, I-485 and I-765 sent
4/02/2012 (Day 11) - Hard Copy of NOA1 in the mail of I-130, I-485 and I-765
4/04/2012 (Day 13) - Received a letter for biometrics appointment for 4/20/2012.
4/20/2012 (Day 29) - Biometrics done
5/03/2012 (Day 42) - Status online changed to interview, scheduled for June 11
5/16/2012 (Day 55) - EAD Card Production, online status update
5/24/2012 (Day 63) - EAD Card in the mail
6/11/2012 (Day 83) - Interview, approved on the spot

05/19/2014 (Day 0) - Mailed I-751

05/27/2014 (Day 8) - Received NOA1

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Yes, my visa has been expired for 2 years, but I-20 and everything else was valid until denial decision by USCIS.

Thanks for the response :yes:

For F-1 students the visa does not control status.

As long as I-20 is valid and the student is enrolled in school (or doing OPT).

F-1s also get a 60 day grace period from the completion of their studies.

So the end of your authorized stay was graduation + 60 days.

As mentioned before, overstay is usually forgiven for spouses and other immediate relatives of US citizens.


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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This brings up a question I've had for awhile. Would saying that in an interview get a person in trouble? I think we all know that many people, who are "real" couples, might speed up their wedding date because of citizenship issues. But if you come right out and say it, is it a problem?

if you mention that during the interview, it will rise a red flag. even though they know that sometimes the date of marriage is decided because of an immigration issue, u shouldn't mention that


AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

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My girlfriend Mika & I have been dating since 2008. She's 3 years older than I am and we're in love. She suggests we get married to get me situated (not that we haven't thought of it, but the situation makes it "sorta" pressing). I want to do it, but the hassle frightens me being that I've read all kinds of things happening. These are my questions :

Please to file an adjustment of status case,

and in the cover letter, clearly state - 'My wife and I are filing because we married for me to receive an immigration benefit' .

Good Luck to you !


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 !

2mzcunl.gif

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If you are wanting to work as soon as possible, then marriage and adjusting status is the way to go. You don't have many other options.

Nothing wrong with a quick justice of the peace wedding and then the big party later when all the family is at home.

It was your form with the typo. No matter who helped you proofread and/or prepare, the responsibility rests on your shoulders. Time to step out from under your parents' wings and take responsibility. (end of brief lecture)


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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