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Pecker

Do I need to file the I-601?

By Pecker in Adjustment of Status from Work, Student, & Tourist Visas

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Pecker Explorer

Pecker   17

Posted
Filed: Citizen (pnd) Country: Brazil
 Timeline
Posted

Hi guys, this is my first post on here so I'm sorry if this might be in the wrong area. This is my issue;

I came to the US in 2010 with a F-1 visa, I went to school and then once it was finished I stayed, on an out-of-status situation I guess.

But now I am married to a US Citizen and am starting to put together our AOS application. Reading thru the required forms I stumbled onto the I-601, am I supposed to fill that out because I overstayed my welcome?

More facts that might help; my F-1 visa just expired in May, but my I-94 is still valid until november.

Thanks.

Naturalization (on basis of military service)

 

10/2/2020 - Mailed paper application to military specific Chicago Lockbox.

10/19/2020 - Case "received and accepted" according to the online tracker.

10/21/2020 - Text/letter receipt received.

08/11/2021 - Interview scheduled: Sept 14th.

09/14/2021 - Interview + Oath at the Montgomery Office.

 

I-130 (for my spouse)

 

09/23/2021 - Filed online.

09/29/2021 - Received receipt letter for I-130.

09/30/2021 - Filed I-129F through the mail.

10/12/2021 - Received receipt letter for I-129F.

12/17/2021 - AR Status change.

01/12/2022 - I-130 Approved.

01/13/2022 - I-129F Denied.

Pecker Explorer

Pecker   17

Posted
Filed: Citizen (pnd) Country: Brazil
 Timeline
  • Author
Posted

Hi,

You do not need to file the I-601 or any other waivers.

You overstayed your F1 visa. Adjusting as the spouse of a USC, your overstay will be forgiven and will not cause a denial of your AOS.

Relax.

Best of luck.

Thanks a lot! :dancing:

Naturalization (on basis of military service)

 

10/2/2020 - Mailed paper application to military specific Chicago Lockbox.

10/19/2020 - Case "received and accepted" according to the online tracker.

10/21/2020 - Text/letter receipt received.

08/11/2021 - Interview scheduled: Sept 14th.

09/14/2021 - Interview + Oath at the Montgomery Office.

 

I-130 (for my spouse)

 

09/23/2021 - Filed online.

09/29/2021 - Received receipt letter for I-130.

09/30/2021 - Filed I-129F through the mail.

10/12/2021 - Received receipt letter for I-129F.

12/17/2021 - AR Status change.

01/12/2022 - I-130 Approved.

01/13/2022 - I-129F Denied.

Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

There is no overstay on an F-1 unless either an immigration judge or USCIS make such a determination, if the I-94 is stamped "D/S".

Either way, as stated you do not need to complete an I-601.

Edited by Hypnos

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

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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

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