Married a USC but my SEVIS will be terminated

[anhkhieu 0]

My SEVIS record will be terminated due to the violation of the F-1 rules and regulation. The reason I got that problem because I 'm taking 2 online courses, which are more than I am supposed to be allowed to take (at least 9 units of in person course and 3 units for online course only). However, I just got married with a USC, and we are still doing on some paper works ( havent file paper works yet) for me get the green card. Im so confused and frustrated that I dont know what to do next. Will I be sent back home during the violation or else that might happen to me?

Please help me

Thank you so much

[Da&De 23]

I'd advice you to get a lawyer.

But as I understand it... If you are not under immigration procedure, which is like deportation or smth, it's fine if you stay here for some time [illegally] while you're collecting the papers for your GC application. but if your violation of the F-1 rules leads to you being under deportation, then you may have a problem and MUST get a lawyer.

So right now everything depends on whether or not you are going to be deported because of that or not.

[WandY 430]

Visas come with rules. You violated U.S. immigration law and may be deported. The problem you may have is that you don't have the necessary documentation to move forward with a green card. You came here to study, not to get married. Your violation of the law is one reason it is getting more difficult for students to get visas. Many students (I teach at a university) come to USA looking for an American spouse. It usually creates a lot of problems - legal and otherwise. Get an immigration attorney. Ask around in the Vietnamese community (nail salons, church, restaurants, etc.) for advice on a good lawyer. Good luck - I hope it works out.

[aaron2020 11,651]

I'd advice you to get a lawyer.

But as I understand it... If you are not under immigration procedure, which is like deportation or smth, it's fine if you stay here for some time [illegally] while you're collecting the papers for your GC application. but if your violation of the F-1 rules leads to you being under deportation, then you may have a problem and MUST get a lawyer.

So right now everything depends on whether or not you are going to be deported because of that or not.

There is no freakin' reason for a lawyer. The OP entered legally and can apply to adjust status. People do not get deported for violating the terms of their student visas, the system does not work like that. Stop with the scaring people for no good reason.

Visas come with rules. You violated U.S. immigration law and may be deported. The problem you may have is that you don't have the necessary documentation to move forward with a green card. You came here to study, not to get married. Your violation of the law is one reason it is getting more difficult for students to get visas. Many students (I teach at a university) come to USA looking for an American spouse. It usually creates a lot of problems - legal and otherwise. Get an immigration attorney. Ask around in the Vietnamese community (nail salons, church, restaurants, etc.) for advice on a good lawyer. Good luck - I hope it works out.

Jesus Christ. Deportation? Nail salons? Restaurants? What's with the stereotyping?

My SEVIS record will be terminated due to the violation of the F-1 rules and regulation. The reason I got that problem because I 'm taking 2 online courses, which are more than I am supposed to be allowed to take (at least 9 units of in person course and 3 units for online course only). However, I just got married with a USC, and we are still doing on some paper works ( havent file paper works yet) for me get the green card. Im so confused and frustrated that I dont know what to do next. Will I be sent back home during the violation or else that might happen to me?

Please help me

Thank you so much

No, you will not be sent back. Nothing will happen to you. You legally entered the US. File for an adjustment of status.

Plenty of people have violated their F1 student visas and successfully adjusted status on their own without a lawyer and gotten their green cards.

Edited May 10, 2016 by aaron2020

[Transborderwife 4,666]

Oy the scare mongering...op you're safe to adjust status.

[umikoikaze 12]

I'm going through a similar process. Married a USC and then my F-1 got terminated due to medical problems and miscommunication with the school. I didn't get deported and am applying for AOS now. As far as I know, spouses of US citizens are forgiven overstay of their visas. But to be sure don't leave the country till you have your green card in hand and try to apply for AOS ASAP.
We actually applied for AOS a year after my F-1 went out of status (couldn't find a sponsor for i-894), but hopefully it will be forgiven. I wasn't working here illegally or violating any other laws other than having my visa status expired. Good luck to you!

[yatsek 32]

umikoikaze - According to your timeline you got married 16 days after arriving in the US on a student visa. USCIS calls it immigration fraud. It may prove difficult to convince your adjudicator that you had not planned this before you left home.

Edited June 11, 2016 by yatsek

[umikoikaze 12]

umikoikaze - According to your timeline you got married 16 days after arriving in the US on a student visa. USCIS calls it immigration fraud. It may prove difficult to convince your adjudicator that you had not planned this before you left home.

So I'm getting very mixed answers here. Some are saying that it doesn't matter, some are saying it does. But excuse me, how is getting married immigration fraud? I'm pretty sure I'm allowed to get married whenever I want to wherever I want to, as long as I'm not already married and not marrying my relative. Either way, I can't go back in time and change when I got married.

Also, not sure how my timeline applies to OP's question and my answer to it.

Edited June 11, 2016 by umikoikaze

[solotime 13]

@

umikoikaze,

Because you applied for Student Visa, not a marriage visa. So therefore it's fraud if they want to be mean.

[umikoikaze 12]

@ umikoikaze,

Because you applied for Student Visa, not a marriage visa. So therefore it's fraud if they want to be mean.

You don't need marriage visa to get get married. People get married on all kinds of visas every time. Event those in the country illegally can get married. If that's the case, the marriage license issuing authority would be checking my immigration status before issuing a marriage license.

I never lied to a CO or CBP officer and never misrepresented anything. Not sure how it's fraud. I even told my CO during the interview that I was considering staying in the states after completing my studies if I got a job offer there, which was my intention at that time.

[Unidentified 2,930]

You don't need marriage visa to get get married. People get married on all kinds of visas every time. Event those in the country illegally can get married. If that's the case, the marriage license issuing authority would be checking my immigration status before issuing a marriage license.

I never lied to a CO or CBP officer and never misrepresented anything. Not sure how it's fraud. I even told my CO during the interview that I was considering staying in the states after completing my studies if I got a job offer there, which was my intention at that time.

Actually you do. And depending on who looks at your file you might get int trouble as you clearly came here with the intent to get married which is marriage fraud. If you come here with the intent to get married on any other visa than a K1 it is marriage fraud unless you return to your home country and file for spousal visa.

[umikoikaze 12]

Actually you do. And depending on who looks at your file you might get int trouble as you clearly came here with the intent to get married which is marriage fraud. If you come here with the intent to get married on any other visa than a K1 it is marriage fraud unless you return to your home country and file for spousal visa.

I did not clearly come to this country with an intent to marry. Maybe you should read my story before jumping to conclusions. I came here with an intent to resume my studies and happened to get married. In fact, my husband proposed on the day I got back to the states.

[Unidentified 2,930]

I did not clearly come to this country with an intent to marry. Maybe you should read my story before jumping to conclusions. I came here with an intent to resume my studies and happened to get married. In fact, my husband proposed on the day I got back to the states.

It's not me you have to convince. You have to convince USCIS that's what happened.

[Transborderwife 4,666]

It's not me you have to convince. You have to convince USCIS that's what happened.

Intent is assessed upon entry. Op was honest about possibly staying. I think that we need to stop scaring.

[umikoikaze 12]

It's not me you have to convince. You have to convince USCIS that's what happened.

I'll address it with USCIS if they have any questions, but I'd rather you didn't jump to conclusions and accusations just because your journey happened to be different from mine.

And I still disagree that I'm not allowed to get married on a visa other than a fiancée visa. If you plan on going to the states for the purpose of getting married, then yes fiancé visa is needed. My situation and case was different. Was I supposed to leave the country after we decided to get married, abandon my studies and wait for many months to get married? That doesn't really make sense. Many people get married on a student visa and successfully adjust status after that.

And all of this is hijacking OP's post and doesn't relate to them, so I'm not going to reply after this.