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a1000elephants

AOS while out of status from M-1 visa?

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My now fiancé came to the US from Canada on an M-1 student visa almost 2 years ago, and has been enrolled full-time in his program since. He missed the required window of time to file for his one year extension on his visa last February. We sent the paperwork before his visa expired, but it wasn't the full 15 days in advance that is required. As a result, his extension was denied, and we were informed in April that he was out of status. We submitted a reinstatement application in May, and we have since been waiting to hear back. Since submitting the reinstatement application, we have decided to marry. The student visa and out of status situation is the only concern we have about this whole situation. I'm a USC, and he has no negative marks on his record, hasn't been working illegally, etc. We have very solid evidence of our relationship, and are not concerned with that portion of the process. So if it weren't for him currently being out of status while we wait for a response on the reinstatement, we'd be a pretty open and shut easy case.

Until today, I was under the impression that it was much safer to wait till we heard back on the reinstatement, and then get married, and then file for AOS. But I'm seeing some posts on visajourney that seem to say you can still file for AOS while out of status and that this isn't so much of a red flag? If the reinstatement gets approved, it would only extend the visa through the end of January anyway, so I would want to try to get the AOS papers submitted before then, and I'm starting to worry we'll run out of time. So if we can go ahead and get married now and put together the papers, that would be great. Does anyone have any suggestions?

Edited by a1000elephants

First Entered US with M-1 Student Status: 02/01/2013

Applied for M-1 Extension in January 2014

Notified of denial of extension in April 2014

Applied for Reinstatement of M-1: 05/20/2014

Reinstatement Denied: 2/26/2015, due to pending immigrant application

Got Engaged: July 2014
Married: 11/22/2014

Adjustment of Status from M-1 Status to Permanent Resident:

AOS mailed by USPS Priority Post: 12/10/2014

AOS delivered: 12/15/2014
Email and Text Notifications: 12/19/2014
NOA1 received: 12/31/2014 (although may have been in mailbox a few days)

Submitted Case Inquiry for Missing Biometrics Appointment: 1/17/2015
Biometrics letter: 2/7/2015

Biometrics Appointment: 2/11/2015

I-765 Status: 2/18/2015 changed to Card in Production; 2/23/2015 changed to Card Has Been Mailed; Card not received

Submitted Case Inquiry for Missing EAD Card: 3/2/2015, supposed to get a response by 3/17/2015

EAD Card Received: 3/5/2015 (post office found it after a week)

I-485 Status: 2/19/2015 changed to Ready to Schedule Interview

Interview Scheduled: Case Status updated on 3/20/2015, received Interview Notice on 3/23/2015.

Interview: 4/23/2015.

APPROVED!!!! 4/23/2015. Green Card in production.

Greencard Received: 5/1/2015

 

I-751 Removal of Conditions: sent 4/3/2017, delivered 4/5/2017

 

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Filed: K-1 Visa Country: Wales
Timeline

Marry and adjust asap.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Marry and adjust asap.

Thanks for the reply. Do we need to then do anything with the reinstatement application, to notify them of a change in situation? If we marry, and we then get notice that the reinstatement was denied and he has to leave, and we haven't had enough time to file the AOS, would that cause more issues? I don't think it's likely to be denied, but it makes us nervous all the same.


First Entered US with M-1 Student Status: 02/01/2013

Applied for M-1 Extension in January 2014

Notified of denial of extension in April 2014

Applied for Reinstatement of M-1: 05/20/2014

Reinstatement Denied: 2/26/2015, due to pending immigrant application

Got Engaged: July 2014
Married: 11/22/2014

Adjustment of Status from M-1 Status to Permanent Resident:

AOS mailed by USPS Priority Post: 12/10/2014

AOS delivered: 12/15/2014
Email and Text Notifications: 12/19/2014
NOA1 received: 12/31/2014 (although may have been in mailbox a few days)

Submitted Case Inquiry for Missing Biometrics Appointment: 1/17/2015
Biometrics letter: 2/7/2015

Biometrics Appointment: 2/11/2015

I-765 Status: 2/18/2015 changed to Card in Production; 2/23/2015 changed to Card Has Been Mailed; Card not received

Submitted Case Inquiry for Missing EAD Card: 3/2/2015, supposed to get a response by 3/17/2015

EAD Card Received: 3/5/2015 (post office found it after a week)

I-485 Status: 2/19/2015 changed to Ready to Schedule Interview

Interview Scheduled: Case Status updated on 3/20/2015, received Interview Notice on 3/23/2015.

Interview: 4/23/2015.

APPROVED!!!! 4/23/2015. Green Card in production.

Greencard Received: 5/1/2015

 

I-751 Removal of Conditions: sent 4/3/2017, delivered 4/5/2017

 

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Filed: Citizen (pnd) Country: Canada
Timeline

Once you adjust as the spouse of a USC the overstay is forgiven. It took me some time to prepare the paperwork (of course I had a newborn at the time, also so it likely wouldn't take you as long!), and then there is a lot of waiting.

I would start working on gathering the paperwork now, marry ASAP and file AOS. Others can comment more, but I believe you don't need to do anything about the extension, they are separate processes. Let that continue as is.

Good luck!


First Entered US with TN Status: 04/13/2012
Engaged: 08/24/2012
Married: 08/10/2013

Adjustment of Status from TN Status to Permanent Resident:
Day 00: AOS mailed by USPS priority Post: 05/19/2014
Day 02: AOS package arrived: 05/21/2014
Day 08: Text/email notice of acceptance: 05/27/2014
Day 11: NOAs for I-130, I-485, I-765, I-131 received, 05/30/2014
Day 14: Biometrics notice received with an appointment of June 17, 2914 at 3pm. 06/02/2014
Day 15: attempted walk-in successful after a very long wait 06/03/2014
Day 38: email notice that I-485 has moved to testing & interview! 06/26/2014
Day 77: EAD/AP - card production 08/06/2014
Day 84: EAD/AP card received 08/13/2014
Day 129: Infopass appointment for an update (very helpful!) 09/24/2014
Day 136: Email received with interview date 10/01/2014
Day 138: Interview notice received! 10/03/2014
Day 170: Green Card Approved on the Spot! 11/04/2014
Day 178: Green Card Received 11/12/2014

REMOVAL OF CONDITIONS:

Day 00: ROC Package (Weighing 1.7kg -- 3lbs 13oz) mailed by USPS Priority Post: 09/13/2016

Day 03: ROC Package Received: 09/16/2016

Day 07: Check Cashed: 09/20/2016

Day Too many to count: Received Approval 02/05/2018

NATURALIZATION

Day 00: Submitted file online for N400 -- 07/31/2020

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Once you adjust as the spouse of a USC the overstay is forgiven. It took me some time to prepare the paperwork (of course I had a newborn at the time, also so it likely wouldn't take you as long!), and then there is a lot of waiting.

I would start working on gathering the paperwork now, marry ASAP and file AOS. Others can comment more, but I believe you don't need to do anything about the extension, they are separate processes. Let that continue as is.

Good luck!

Thanks so much for the response. I'm hoping it won't take too long for us to do the paperwork (that's kind of my specialty).

I think my main source of confusion is that if the reinstatement is denied, do they begin removal proceedings? Or would he still just be out of status? I saw that filing an AOS after "removal proceedings" are initiated is a big red flag, but if he would still just be out of status, that seems ok. So if anyone has clarification on this, I would appreciate it.


First Entered US with M-1 Student Status: 02/01/2013

Applied for M-1 Extension in January 2014

Notified of denial of extension in April 2014

Applied for Reinstatement of M-1: 05/20/2014

Reinstatement Denied: 2/26/2015, due to pending immigrant application

Got Engaged: July 2014
Married: 11/22/2014

Adjustment of Status from M-1 Status to Permanent Resident:

AOS mailed by USPS Priority Post: 12/10/2014

AOS delivered: 12/15/2014
Email and Text Notifications: 12/19/2014
NOA1 received: 12/31/2014 (although may have been in mailbox a few days)

Submitted Case Inquiry for Missing Biometrics Appointment: 1/17/2015
Biometrics letter: 2/7/2015

Biometrics Appointment: 2/11/2015

I-765 Status: 2/18/2015 changed to Card in Production; 2/23/2015 changed to Card Has Been Mailed; Card not received

Submitted Case Inquiry for Missing EAD Card: 3/2/2015, supposed to get a response by 3/17/2015

EAD Card Received: 3/5/2015 (post office found it after a week)

I-485 Status: 2/19/2015 changed to Ready to Schedule Interview

Interview Scheduled: Case Status updated on 3/20/2015, received Interview Notice on 3/23/2015.

Interview: 4/23/2015.

APPROVED!!!! 4/23/2015. Green Card in production.

Greencard Received: 5/1/2015

 

I-751 Removal of Conditions: sent 4/3/2017, delivered 4/5/2017

 

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Filed: Citizen (apr) Country: Ukraine
Timeline

The chance of removal proceedings being started for a citizen of Canada who has been a student with no criminal record would probably be something like one in 500,000. And even that would be done by mistake.

You are practically home free; even as it is grossly unfair to those who have to wait months and years apart waiting to be together.



- - - - - - - - - - - - - - - - Time Line - - - - - - - - - - - - - - - - - -

10 YEAR GREEN CARD PROCESS

July 22, 2017  ROC packet sent to Vermont.

July 24, 2017  ROC packet signed for in Vermont.

August 8, 2017  NOA received at house.  15 days since ROC signed for in VSC.

August 12, 2017 ASC appointment received. 19 days since ROC in VSC.

August 25, 2017 BIO completed. 32 days since ROC received in VSC.

August 11, 2018  18 month 'Courtesy Copy' extension letter received.  Critical number  297

October 20, 2018 18 month 'Official' extension letter received.  Critical number 297

December 4, 2018  USCIS Account shows: We approved your Form I-751, Petition to Remove Conditions on Residence, 

December 4, 2018, ordered your new card for Receipt # EAC17297003XX, and will mail to the address you gave.

491 days from NOA issued by VSC until Petition approved.

December 7, 2018 USCIS sent notice:  Card mailed.

December 12, 2018 Ten year Green Card received from Lees Summit, MO

499 days from NOA issued by VSC until Green Card received.

- - - - - - - - - - 

CITIZENSHIP PROCESS

December 6, 2018 submitted N-400 application on-line.  Estimated Completion Time: 8 months or August 2019.

December 8, 2018 received notice on USCIS that Biometrics scheduled . . . but the actual date was not yet shown.

December 11, 2018 saw in 'Documents' section of USCIS that Bio scheduled for 24 December 2018.

December 21, 2018 saw on USCIS website that they will be closed 24 December 2018 as extra holiday.

January 9, 2019 went for re-scheduled BIO appointment.  33 days after N-400 submitted on-line.

February 19, 2019 received letter in US mail that Citizenship interview scheduled for 26 March 2019. 74 days after submission on-line.

March 26, 2019 Citizenship interview scheduled for.  109 days after N-400 submitted on-line.

March 26, 2019 Passed Citizenship interview.

April 12, 2019  Received notice that Oath Ceremony had been scheduled for 24 April 2019.  17 days after interview.

April 24, 2019  Oath Ceremony completed.  29 days after interview.     139 days after N-400 submitted on-line.

April 25, 2019  USA Passport Application submitted.

May 3, 2019     USA Passport received.    149 days after N-400 submitted on-line.

May 9, 2019     Certificate of Naturalization and Citizenship returned in mail.

 

 

 

 

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Filed: Citizen (pnd) Country: Canada
Timeline

Thanks so much for the response. I'm hoping it won't take too long for us to do the paperwork (that's kind of my specialty).

I think my main source of confusion is that if the reinstatement is denied, do they begin removal proceedings? Or would he still just be out of status? I saw that filing an AOS after "removal proceedings" are initiated is a big red flag, but if he would still just be out of status, that seems ok. So if anyone has clarification on this, I would appreciate it.

If you have already filed you will be fine, I wouldn't wait. As for if you wait, the likelihood that they would do anything to a Canadian is slim. Put it this way: when my husband and I showed up for our green card interview, the IO who was doing the initial at the door verification etc said, once he saw I was Canadian, "why did you come this direction???" We knew we'd have no troubles at that point. Marry, file, you will be just fine. :)


First Entered US with TN Status: 04/13/2012
Engaged: 08/24/2012
Married: 08/10/2013

Adjustment of Status from TN Status to Permanent Resident:
Day 00: AOS mailed by USPS priority Post: 05/19/2014
Day 02: AOS package arrived: 05/21/2014
Day 08: Text/email notice of acceptance: 05/27/2014
Day 11: NOAs for I-130, I-485, I-765, I-131 received, 05/30/2014
Day 14: Biometrics notice received with an appointment of June 17, 2914 at 3pm. 06/02/2014
Day 15: attempted walk-in successful after a very long wait 06/03/2014
Day 38: email notice that I-485 has moved to testing & interview! 06/26/2014
Day 77: EAD/AP - card production 08/06/2014
Day 84: EAD/AP card received 08/13/2014
Day 129: Infopass appointment for an update (very helpful!) 09/24/2014
Day 136: Email received with interview date 10/01/2014
Day 138: Interview notice received! 10/03/2014
Day 170: Green Card Approved on the Spot! 11/04/2014
Day 178: Green Card Received 11/12/2014

REMOVAL OF CONDITIONS:

Day 00: ROC Package (Weighing 1.7kg -- 3lbs 13oz) mailed by USPS Priority Post: 09/13/2016

Day 03: ROC Package Received: 09/16/2016

Day 07: Check Cashed: 09/20/2016

Day Too many to count: Received Approval 02/05/2018

NATURALIZATION

Day 00: Submitted file online for N400 -- 07/31/2020

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Filed: K-1 Visa Country: Wales
Timeline

OP has legitimate concerns. Hence asap.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline

I concur with the others that I think you will be fine, but for reassurance, you might want to do a quick consult with an immigration attorney who specializes in cross border situations with Canada and then move forward with filing. The guides here are super comprehensive!


Came to US on a TN "Visa" from Canada, fell in love, married USC, and now filing for AOS based on marriage to USC

TN Visa Approved at Border 3-1-2013 (Canadian Citizen)

May 2014 - Completed I-693 Medical Process with Civil Surgeon

6-7-2014 Married to USC

7-15-14 Sent AOS Package via USPS Priority Mail Day 1

7-17-14 NOA for all parts of AOS package, EAD, and AP Day 3

7-21-14 Checks cashed Day 6

8-13-14 Biometrics 8-13-14 Day 28 (Did not walk in early, went on scheduled day/time)

8-27-14 Online status showed case moved to Testing and interview Day 42

9-10-14 Status update - AP and EAD approved, card production ordered Day 55

9-17-14 AP and EAD Combo Card received Day 62

10-15-14 Online status change, assigning interview date DAY 90

11-1#-14 Interview, approved at end of interview, green card should arrive in 2-3 weeks per approval letter DAY 120

11-1#-14 Evening of interview - received "Card Production Ordered" email update DAY 120 (NO RFE throughout process)

Looking forward to:

8-1#-16 Begin Removal of Conditions Process

8-1#-17 Begin Naturalization Process

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