marriage after denied student visa and overstay after

[alexandra085 1]

Hello,

I am completely new to the forum and trying to read as much as I can not to repeat the questions.

My question is about my situation in the US now. I came here on a B-2 visa on July the 16th 2012(I got visa till Jan 15 th 2013).. I have been here before and never overstayed. I planned to stay 2 months but met my fiancee in late August 2012. In October 2012 I applied for changing status for M-1 visa. School promised me to take care of everything and so they did. Except the fact that they told me I could attend school which I couldn't in fact(my bad I did not find out bout it, though I trusted they know better). In early February 2013 I got RFE and sent all the USCIS needed including letter from school stating that I AM a FT student already. On April the 10th I got a letter saying I violated rules of B-2. I got 33 days for appeal which I never done but I stayed here. I am getting married in October. My question is should I count my overstay from April(the date of the denial leter) or from this date plus 33 days for appeal? Should I fill I-485 Supplement A? Is there anything else I should know or do except filling all the required documents from the guide? Can I do my medical exam before we get married? Thank you for any advice.

[VanessaTony 3,567]

When did your I-94 expire? That is when your have overstay from.

No you don't need I-485A.

Are you saying you are STILL in school? You're STILL breaking the law?

Honestly in your situation I would not try to AOS. You "met your fiance" a month after arriving here, filed for a student visa and went to school while not legally eligible. You told USCIS that you were breaking the law, they denied you the student visa. USCIS most likely gave you time to appeal or LEAVE the US, which you haven't done. You sound like you're saying you're still in school and continuing to break the law.

I think you will find it hard to AOS because of all that, but mostly because you claim to have fallen in love a month after meeting. It doesn't read well. It reads like you deliberately entered on the B2 with intent to remain in the US however you could (student visa, marriage visa, whatever you could get). I'm not saying this IS the case, simply saying that's how it reads and probably how USCIS will take it.

Up to you what you do, but I would return to your home country and process the visa from there.

[alexandra085 1]

No let me explain better. I came here as a turist(July2012) , not my first time here as turist. After that I met my boyfriend (August 2012) I havent met him before I got to States. After that in October 2012 I applied for changing my status ( my I-94 was valid till January 2013). I got denied in April 2013 as because I didnt know I have to wait for approval first and then I can start attending school. The school claimed I can do it but apparently I couldnt. I broke the law by attending to school- I didnt know I was breaking the law I know it is not an excuse. I stoped attendign school after I found out I cannot do it. But I stayed here in the United States with him. We got engaged in July 2013 (almost 11 months after we met) and planning the wedding for October 2013 over a year after we met. I know how it may look like but I have been here before and have always gone back home. I will try to adjust status from here anyway - but I appreciate your advice. I only wanted to know if should fill te Supplement A.

Thank you for response!

[AgnieszkaS 1]

When did your I-94 expire? That is when your have overstay from.

No you don't need I-485A.

Are you saying you are STILL in school? You're STILL breaking the law?

Honestly in your situation I would not try to AOS. You "met your fiance" a month after arriving here, filed for a student visa and went to school while not legally eligible. You told USCIS that you were breaking the law, they denied you the student visa. USCIS most likely gave you time to appeal or LEAVE the US, which you haven't done. You sound like you're saying you're still in school and continuing to break the law.

I think you will find it hard to AOS because of all that, but mostly because you claim to have fallen in love a month after meeting. It doesn't read well. It reads like you deliberately entered on the B2 with intent to remain in the US however you could (student visa, marriage visa, whatever you could get). I'm not saying this IS the case, simply saying that's how it reads and probably how USCIS will take it.

Up to you what you do, but I would return to your home country and process the visa from there.

Alexandra didnt ask for your opinion if she break a law or not, if you have nothing to say about her question then dont answer,

I dont answer to posts if i dont know the answer, she knows if she breaks law cause she is smart person, she only needs advice about supplement A, thats all

[VanessaTony 3,567]

Alexandra didnt ask for your opinion if she break a law or not, if you have nothing to say about her question then dont answer,

I dont answer to posts if i dont know the answer, she knows if she breaks law cause she is smart person, she only needs advice about supplement A, thats all

To be blunt, I suggest you learn how to read. Firstly she asked for "advice" and "anything else (she) should know". I also DID answer ALL her questions (save one) and if you did not notice she had MORE THAN ONE question, then I suggest you READ the OP and the corresponding responses before you respond in such a manner.

My question is should I count my overstay from April(the date of the denial leter) or from this date plus 33 days for appeal? Should I fill I-485 Supplement A? Is there anything else I should know or do except filling all the required documents from the guide? Can I do my medical exam before we get married? Thank you for any advice

You will note I answered ALL her questions in bold. She asked if there was "anything else she should know" and "thank you for any advice" and as a person who wouldn't want to see someone face denial and deportation, I did the right thing and told her how her case appears and told her of the risks (that I feel is "something she should know" and also "advice"). You might not like my answer but that doesn't make it an inappropriate answer to her many questions. It also does not make it inappropriate to seek clarification if she was still breaking the law because that too could harm her case.

I admit I missed the medical question (underlined in quote above) but I will answer now. Yes you can do the medical before marriage if that is your choice.

Also, again to be blunt - she didn't know she broke the law by studying on a visitor visa until she was told. It would be foolish for me to assume that she knows all the laws because she has already demonstrated she does not, so assuming "she is smart person" (sic) could be detrimental to her case.

Edited July 16, 2013 by VanessaTony

[VanessaTony 3,567]

No let me explain better. I came here as a turist(July2012) , not my first time here as turist. After that I met my boyfriend (August 2012) I havent met him before I got to States. After that in October 2012 I applied for changing my status ( my I-94 was valid till January 2013). I got denied in April 2013 as because I didnt know I have to wait for approval first and then I can start attending school. The school claimed I can do it but apparently I couldnt. I broke the law by attending to school- I didnt know I was breaking the law I know it is not an excuse. I stoped attendign school after I found out I cannot do it. But I stayed here in the United States with him. We got engaged in July 2013 (almost 11 months after we met) and planning the wedding for October 2013 over a year after we met. I know how it may look like but I have been here before and have always gone back home. I will try to adjust status from here anyway - but I appreciate your advice. I only wanted to know if should fill te Supplement A.

Actually you asked more than one question which I responded to. Supplemental A, if you read the form instructions, does not apply to you at all. Don't worry about that form.

Good luck with your attempt at AOS. Make sure you send in a LOT of relationship evidence. Your circumstances warrant it.

[AgnieszkaS 1]

To be blunt, I suggest you learn how to read. Firstly she asked for "advice" and "anything else (she) should know". I also DID answer ALL her questions (save one) and if you did not notice she had MORE THAN ONE question, then I suggest you READ the OP and the corresponding responses before you respond in such a manner.

You will note I answered ALL her questions in bold. She asked if there was "anything else she should know" and "thank you for any advice" and as a person who wouldn't want to see someone face denial and deportation, I did the right thing and told her how her case appears and told her of the risks (that I feel is "something she should know" and also "advice"). You might not like my answer but that doesn't make it an inappropriate answer to her many questions. It also does not make it inappropriate to seek clarification if she was still breaking the law because that too could harm her case.

I admit I missed the medical question (underlined in quote above) but I will answer now. Yes you can do the medical before marriage if that is your choice.

Also, again to be blunt - she didn't know she broke the law by studying on a visitor visa until she was told. It would be foolish for me to assume that she knows all the laws because she has already demonstrated she does not, so assuming "she is smart person" (sic) could be detrimental to her case.

Ok, maybe i answerd to what you wrote wrong way, but what i mean was that your answer sounded like you judged her, judged that she break the law, land she didnt ask for it. She knows that she break the law, and she didnt expect advice about that. Thats all what i mean.

AND I KNOW HOW TO READ!!!

[alexandra085 1]

VanessaTony thank you for answering my questions. I greatly appreciate that. Hopefully all goes well. As AgnieszkaS said I realize now I broke the law and was not aware of that,neither was the Principal of this school and International Student Advisor(!). Now, me and my future husband will focus on collecting more evidence about our relationship as you advised, although we already have many. As you said though, the hardest part will be to proove that I did not have any intention to remain in the US when I came as a turist - they do not know what I had in my mind and it is me who needs to show it somehow. Thanks!

[Harsh_77 716]

Alexandra didnt ask for your opinion if she break a law or not, if you have nothing to say about her question then dont answer,

I dont answer to posts if i dont know the answer, she knows if she breaks law cause she is smart person, she only needs advice about supplement A, thats all

If dont wanna hear about violating the laws.... dont post and get a lawyer.

[Harsh_77 716]

VanessaTony thank you for answering my questions. I greatly appreciate that. Hopefully all goes well. As AgnieszkaS said I realize now I broke the law and was not aware of that,neither was the Principal of this school and International Student Advisor(!). Now, me and my future husband will focus on collecting more evidence about our relationship as you advised, although we already have many. As you said though, the hardest part will be to proove that I did not have any intention to remain in the US when I came as a turist - they do not know what I had in my mind and it is me who needs to show it somehow. Thanks!

You might not have nothing in mind but from immigration perspective (logically) when someone comes to US in July and mets the BF in Aug and continues the stay in the country continue to plan a wedding even when USCIS did ask to respond back.

Does not sound good, even if you forget RFE from your I-94 date to today its 7 months you been in country without status.

[Tygrys 143]

AND I KNOW HOW TO READ!!!

Really?