Married F-1 out of status. Applying for green card

[DaniPG 0]

Here's my situation.

I married my husband (US Citizen) last February, I married him and I dropped school, I was an F-1 student. I'll be in out of status for more than 180 days in two weeks (I won't have time to complete all the forms for my green card before then).

My question is: do those 180 days count since the day I dropped school? or when I married my husband the count stopped?

If I apply after overstaying for more than 180 days, will there be any problem? or could my green card get denied?

Thank you

[Hypnos 6,576]

If you are an F-1 with an I-94 marked "D/S" then you will not accumulate any overstay until either USCIS or an immigration judge makes such a determination in your case, it will not automatically happen as with an I-94 with a defined expiration date.

Regardless, any overstay for an immediate relative of a US citizen, such as a spouse, if not penalised at adjudication when you file for AoS.

[DaniPG 0]

Yes, my I-94 is marked as D/S.

And when it is asked what's my status, do I have to say "out of status"?

[Hypnos 6,576]

Current status would be "F-1".

[vashka 0]

Don't worry about it. Once you marry and receive you green card any overstay on your student visa will be forgiven by the government anyway.

My ex came in on student visa yet never went to school and worked illegally for three years (student visa fraud). Got green card by not mentioning her first arrest for theft (material misrepresentation). Failed to mention it again when conditions were removed (again material misrepresentation). Has acquired four additional theft convictions (crimes of moral turpitude). Denied citizenship 2 years ago but continues to reside in US and break our laws. Goes in and out of the country like shes a citizen. Unfortunately I found this all out after the fact. Its ICE that needs reform not the immigration laws.

[takatu 1]

Newbie! You have nothing to worry about,

Here is my story, I come to USA in may-2011 on a j1 visa as an au pair. I left the program in December 2011 (after 7 months) That means I was out of status since I left the program. I met a US citizen fiancé in march 2012 and dated through January 2013, married February 2013 WE HAVE 28 YEARS AGE DIFFERENCE my husband is white and I am black, We did not hire an attorney I did all the paper work by myself and a lot of readings.

Here is my timeline

.April 15 2013- AOS package send to Chicago via USPS priority mail

.April 16 2013- package received in Chicago

.April 23 2013-Acceptance notice via text & e-mail

.April 24 2013-cheque cashed

.April 29 2013-notice of action hard copy & biometric appointment received in the mail

.May 8 2013 -RFE received

.May 16 2013-Biometrics done, RFE submitted

.June 14 2013- EAD card production ordered

.June 17 2013-appointment for interview letter received(booked for august 5) @ 1pm

.August 5 2013-Greencard approved on the spot when I checked the status online its already in the production phase.

The interview was painless, the lady was very friendly, It lasted for about 10 minutes for me & 10 for my husband because they interviewed us separate .These was at Lawrence office Massachusetts. I just want to share my journey ,because these forums helped me a lot too. Do not be afraid it will be ok. Just have faith, I am so happy & relieved.

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