Change of status from F1 to Green and work authorization

[Clinton6 0]

Hello guys,

I need your help. I came on an f1 visa and due to some actions on my path i was suspended from my university for a year. Right now my girlfriend and i have decided to get married so i can change my status, get work authorization, work and then get back to school next year and most paramount, live together happily.

I want to know what are the documents i need to file and which i can file together. I will also like to file for a work authorization. After filing for change of status and work authorization can i remain the US legally pending the submissions? Do i have to leave the US because my school's i20 becomes void from being suspended or i should remain because i already have a case pending for change of status.

Please guide me. Thank you and i will like to hear any recommendations and advice i will need to help pursue this.

Thank you.

Clinton

[Merrytooth 5,748]

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

[Clinton6 0]

Thank you. We don't have the financial support at the moment and I'm not sure if we can file form i-864. We hope to when/if i get work authorization to be able to have the amount required. Can we submit just forms i-130. i-485, G-325a and i-765 altogether for now?

Thanks for your response!

[Merrytooth 5,748]

You have to file I-864 the Affidavit of Support together with the I-130 &1-485 package.

If your wife can't meet the 125% poverty requirement, you could have co-sponsor (either a USC or LPR)

[Clinton6 0]

Also i have a question will an arrest record affect my immigration application?? I was not convicted.

[Merrytooth 5,748]

You have to declare that you have been arrested(although not convicted) before in I-485 form:

Part 3 Processing Information

1. b. Have you ever Been arrested, cited, charged, indicted, convicted, fined, or imprisoned ......

You might want to have all the arrested record, court papers ..etc in hand

It depends how serious the crime was, might cause delay

See this thread:

http://www.visajourney.com/forums/topic/328466-should-a-beneficiary-arrested-once-in-us-but-no-conviction-expect-delays/

[KayDeeCee 4,903]

~ Moved from What Visa Do I Need to AOS from Work, Student & Tourist Visas ~

[Clinton6 0]

It was a domestic violence non aggravated assault. I was placed on probation and case dismissed. No conviction was entered.

It was a domestic violence non aggravated assault. I was placed on probation and case dismissed. No conviction was entered.

[aussie_jason 195]

You were placed on probation but the case was dismissed? That doesn't add up, regardless you will need to provide the full court disposition with your I-485 and you will need to have an original court certified copy to take to your interview, it may or may not effect your case as depending on the circumstances it could have AWA implications.

You can not first get the work authorization and then use that for sponsorship, that is the chicken not the egg, you first must get sponsorship so you can file to adjust status and as part of that you can request work authorization, which takes 60-90 days.

[Clinton6 0]

The judge placed me on probation under the Michigan domestic violence first offender program and the case will be dismissed after i complete the program. Can i still go ahead and file for change of status while going through this program? or wait till i complete it. I really dont have much time because my girl and I fear I can be deported.

Thank you everyone. You guys have been really helpful

[aussie_jason 195]

You are going to need to consult an immigration attorney that specializes in criminal matters. When were you suspended? If that was 15 or more days ago then you are not legally present in the US and subject to deportation, if you do manage to successfully adjust status due to marrying a USC that period of overstay will be forgiven but until your I-485 is received and being processed by USCIS you have no legal status here.

[Clinton6 0]

I have not stayed more than 15 days or more after suspension. So do we have a chance my submitting the necessary documents right away? Thanks!!

[aussie_jason 195]

You need to consult a lawyer, your case is not a DIY one.

[Tom_Jim 40]

You need to consult a lawyer, your case is not a DIY one.

^^ what he said.

[Boiler 47,851]

Immigration have a different view on court cases, it is a factor for them whatever the end court consequences.

Do you have a co sponsor?