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cndgirl

Need lots of help!

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I feel like I have a complicated situation. I was in the US with a F-1 visa but found out I was pregnant, so my fiance and I got married and then our child was born in January. I am not going to school right now so my F-1 visa is invalid, I was told I am able to stay because I have a child who is an American Citizen also they said I would be considered out of status.

Can anyone help me with what exactly what my status is? what forms do I need to fill out? and when my visa would have expired? also because I am out of status would I be able to travel to Canada and get back into the United States?

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No you would not be able to travel to Canada and get back into the states. You are in the USA illegally / in violation of your visa currently.

Having an American baby does not mean you can stay in the USA. You are deportable.

Follow the step by step guide. Send EVERYTHING in, do not leave out or forget anything.

http://www.visajourney.com/content/i130guide2

Do not leave the USA until your green card is in your hand.


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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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You have no status, since you have allowed your F-1 status to default by not attending school.

Having a USC child does not automatically grant you a legal resident status, other than the status of "Mother".

You and your USC husband must apply for a legal resident status for you by submitting the correct paperwork and fees.

The correct name for this paper work status is called Adjustment of Status. To start this process I would suggest that you read the Guides listed in the Guide tab above.

YOU must not travel outside of the US until you have aquired the correct and proper documents, either a green card or an advance parole document. Note. Canada is a country outside of the US, therefore you cannot go to Canda without the proper documents if you wish to be let back into the US.

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Use "F-1, Expired".


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

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F-1 Student is just fine, they will find out anyway.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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