From B2 to F1 and it expired, will it affect my i-485?

[BulletToothTony 0]

Hello, this site has helped me immensely filling out my paper work thank you people for helping others.

I've searched everywhere but have not found a case similar to mine.

I entered the US with a visitor visa B2 in 1995 at the age 15, after 2 months I loved it here I decided to try to stay and go to school. My sister helped me apply for an I-20 to get me a student visa F1 and it was accepted for the length of my high school years and it would expire on June 1999.

I stayed in the U.S. and never left the country after I graduated and finally got married to an U.S. citizen a year and a half ago, (2011), now i'm filling out my paperwork and decided to call a someone about the issue (she has a lot of knowledge on these cases) and has told me that since I have changed visas and overstayed my "agreement" with the F1 I am definitely in trouble and probably get rejected when I apply for an I-485 or have some other issues.

1) My questions are, Did my B2 become "Null" once I got an F1 like she hinted? (if it didn't)

2) Having applied for an F1 even thou I came as a tourist legally and was inspected (still have my i-94) could it really affect approving my i-485?

3) Has anyone had this type of situation in the past? I was thinking about applying and totally "ignoring" or not mentioning the F1 request since in all the forms it only asks for how i entered the country and my i-94 number. Nowhere does it really asks about me changing my status. The only parts that I would have to write anything about my F1 is in 1 place in the i-485 where it says "Current USCIS Status" Which would change from B2 overstay to F1 overstay which would obviously create some confusion. Maybe I should just write "Overstay"?

Thank you so much for your time, I have not gone to an attorney because I don't think my $50 in the bank would cover the costs :-/ so any help and knowledge would be appreciated.

[Hypnos 6,579]

1) No, although once you overstayed it did.

2) Maybe.

3) See below.

Overstay is not penalised at the time of adjudication for immediate relatives of a US citizen. Provided that (1) you entered the country legally, and (2) you can prove a bona fide marital relationship with your spouse, you should be able to file for AoS without issue.

Your current status should be entered as "F-1, Expired" since that was your most recent status before it expired.

Since you entered on a B-2, then changed to F-1, then overstayed, it may seem to USCIS that you are willing to do anything to stay in the US. As a result, your marriage may be scrutinised more than a typical couple's would be. Again, provided that you can prove a bona fide marriage then this should not be an issue, but it is something to consider.

The guide you should examine is here: http://www.visajourn...page=i130guide2 and even if you do not retain a lawyer's services I would encourage you to at least have a consultation with one before filing. Many lawyers offer free consultations, where any problems and issues can be examined.

Edited March 12, 2013 by Hypnos

[BulletToothTony 0]

Thank you Hypnos,

I appreciate your reply, I understand that many people marry for the wrong reason but I love my wife, and we're very happy together, so I have no problem to bonafide our marriage, maybe only a bit of trouble proving it since the only thing we are both part of is our Lease, since I need a SS number for anything now a days and I don't have one. And of course waiting 14 years to finally get married even thou is not proof that is a legit marriage I hope it also shows that I was waiting for the right person and did not get married 2 months after the visa expired.

I asked the same question in the avvo website and i got 4 replies from "Lawyers" saying that it should not matter as long as i entered legally and was inspected which I did and I was, but the way my friend answer it sounded like she knew what she was talking about.

She asked if I had done the long process, which means getting a Form from the school, getting a sponsor which i did and then is when she said that my visa status had changed, but like I said nowhere in the forms asked any of these questions. Nonetheless, I like to explain my situations well in forums in order to help other in the future.

I will be looking for a free consultation and that guide has been amazing, after I send my paperwork I will be updating my results or if the attorney suggests something different.

[Ryan H 3,925]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.