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sompsyth

How screwed am I ? Work visa and I-94 expired. Currently on authorized stay. Recently married a US citizen. What should I do? (DUI on record) Am I overstaying?

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Posted

Here's the background: 

 

I entered the US originally on an F-1 visa and have been working on H-1B for a while. I have been in the US on valid status for many years.

 

A few years ago, I made a terrible mistake of driving while intoxicated and was subsequently convicted of class 1 misdemeanor (no accident or injuries). There were other charges with it such as breath refusal (civil infraction), no turn signals.. Those were all subsequently dropped as part of a plea agreement. Court mandated alcohol education and have an ignition interlock on my car. However, 6 months in I had an interlock violation and was sent to court by my PO. The reason was it registered a very low BAC that was enough to fail the test. My PO sent me to court because it wasn't cleared within a 10 min timeframe. I entered no contest. That is now resolved - All court fines are paid, classes are done, and interlock is now removed.

 

Separately, my employer filed for my greencard, but due to delay in processing by the USCIS, I had to file for a 1-year H-1B extension. This extension was timely filed before the H-1B and I-94 expired and it's still pending. I should note that my I-140 is also currently pending. My extension which was originally filed under normal processing took more than 6-7 months to get a RFE, and by that point you know who was in office. We converted to premium processing and it's been pending ever since. There were some what appeared to be deliberate delays in handling the RFEs that extended this process far beyond normal timeframes. and the most recent RFE has a deadline to respond that is past the 1-year mark from my original I-94 expiry. 

 

Key dates for reference: 

 

H-1B expiry - Late July 2024

I-94 expiry -  about 10-15 days later

1-year extension filed - Before H-1B expiry

1-year extension RFE deadline - Late Aug 2025

Currently out of work (still employed, but no pay) because of the 240 day rule.

 

My questions are 

 

1. If this extension is denied, what happens to the authorized stay I was in since last year? Will that be forgiven and would the unlawful presence start the date of denial or would it start from the original I-94 expiry? Am I in the risk for NTA or removal proceedings if this happens?

 

2. If the extension is approved, after we respond to the RFE, would the new I-94 date be Aug 1, 2025? Is there a likelihood that it would be extended past Aug 1, 2025 since it's already been a year since the petition was filed?

 

3. Because the RFE deadline is September 15 2025, what happens when we respond to the RFE in September? Because this is a 1-year extension, the approval will be until Aug 11 2025? Would I be in unlawful presence from Aug 11 2025 to whatever date USCIS makes a decision on my petition? 

 

4. I recently got married to a US Citizen, so if I decide to file AOS (I130+I485+I765+I131), what would be the "right" time to do it. Because of a pending I-485, I would automatically be in an authorized stay correct? Because I don't have an underlying legal status right now, would filing AOS grant me an authorized stay? Do I wait to get a decision from the H-1B extension and then file the AOS? Are there any benefits to this?

 

5. If my intention is to resume working as soon as possible, what are my options other than hoping the I765 gets approved within a couple of months.

 

6. Easiest is to leave the country, but I am worried about being stuck there for a while and unsure about reentry because of the DUI.

 

7. Should I file FOIA and get information in the meantime? Are there risks with this?

 

Given this context, am I missing anything important? Are there any questions I should be asking that I haven’t considered? I’d especially appreciate hearing from anyone with first-hand experience with DUI + AOS timing, H-1B extensions after status expiration, or concurrent filings.


 

Posted
1 minute ago, OldUser said:

Marriage cures any issues with unauthorized work or stay as long as I-485 is approved and all of this was honestly disclosed

I am not doing any unauthorized work. I strictly followed the 240 day rule and have not been working for a while. If the I-485 is denied for some reason, would the period of authorized stay be counted towards unlawful presence and overstay? or would the unlawful presence start the day after the denial? I vaguely remember reading a comment on this site, where one person was arguing that the denial would mean you would have already overstayed - be it years or months. Is that true?

Posted (edited)
8 minutes ago, sompsyth said:

I am not doing any unauthorized work. I strictly followed the 240 day rule and have not been working for a while. If the I-485 is denied for some reason, would the period of authorized stay be counted towards unlawful presence and overstay? or would the unlawful presence start the day after the denial? I vaguely remember reading a comment on this site, where one person was arguing that the denial would mean you would have already overstayed - be it years or months. Is that true?

I'm just saying, all of this is forgiven if this occurs, you don't have to worry about these points, as long as you're adjusting status based on marriage to US citizen and disclose it if occurs.

 

Yes, if I-485 is denied, you get out of status, unless you have other valid status such as H-1B to fall back to.

 

The things I'd worry about is DUI and other encounters with the law. Overstay etc is not that important in your case.

Edited by OldUser
Posted
10 minutes ago, OldUser said:

I'm just saying, all of this is forgiven if this occurs, you don't have to worry about these points, as long as you're adjusting status based on marriage to US citizen and disclose it if occurs.

 

Yes, if I-485 is denied, you get out of status, unless you have other valid status such as H-1B to fall back to.

 

The things I'd worry about is DUI and other encounters with the law. Overstay etc is not that important in your case.

Got it. Yeah I am hoping that when I am here on pending I-485, my I-140 would get approved so that I can file a new 3-year H-1B extension. It's a huge gamble and could go wrong quickly.

Posted
8 hours ago, sompsyth said:

Got it. Yeah I am hoping that when I am here on pending I-485, my I-140 would get approved so that I can file a new 3-year H-1B extension. It's a huge gamble and could go wrong quickly.

You can file for AOS based on marriage today and not worry about it.

 

You can have both employment AOS and marriage based AOS pending at the same time.

Posted (edited)
11 hours ago, sompsyth said:

Here's the background: 

 

I entered the US originally on an F-1 visa and have been working on H-1B for a while. I have been in the US on valid status for many years.

 

A few years ago, I made a terrible mistake of driving while intoxicated and was subsequently convicted of class 1 misdemeanor (no accident or injuries). There were other charges with it such as breath refusal (civil infraction), no turn signals.. Those were all subsequently dropped as part of a plea agreement. Court mandated alcohol education and have an ignition interlock on my car. However, 6 months in I had an interlock violation and was sent to court by my PO. The reason was it registered a very low BAC that was enough to fail the test. My PO sent me to court because it wasn't cleared within a 10 min timeframe. I entered no contest. That is now resolved - All court fines are paid, classes are done, and interlock is now removed.

 

Separately, my employer filed for my greencard, but due to delay in processing by the USCIS, I had to file for a 1-year H-1B extension. This extension was timely filed before the H-1B and I-94 expired and it's still pending. I should note that my I-140 is also currently pending. My extension which was originally filed under normal processing took more than 6-7 months to get a RFE, and by that point you know who was in office. We converted to premium processing and it's been pending ever since. There were some what appeared to be deliberate delays in handling the RFEs that extended this process far beyond normal timeframes. and the most recent RFE has a deadline to respond that is past the 1-year mark from my original I-94 expiry. 

 

Key dates for reference: 

 

H-1B expiry - Late July 2024

I-94 expiry -  about 10-15 days later

1-year extension filed - Before H-1B expiry

1-year extension RFE deadline - Late Aug 2025

Currently out of work (still employed, but no pay) because of the 240 day rule.

 

My questions are 

 

1. If this extension is denied, what happens to the authorized stay I was in since last year? Will that be forgiven and would the unlawful presence start the date of denial or would it start from the original I-94 expiry? Am I in the risk for NTA or removal proceedings if this happens?

 

2. If the extension is approved, after we respond to the RFE, would the new I-94 date be Aug 1, 2025? Is there a likelihood that it would be extended past Aug 1, 2025 since it's already been a year since the petition was filed?

 

3. Because the RFE deadline is August 25th 2025, what happens when we respond to the RFE in late August before the deadline? Because this is a 1-year extension, the approval will be until Aug 1 2025? Would I be in unlawful presence from Aug 1 2025 to whatever date USCIS makes a decision on my petition? 

 

4. I recently got married to a US Citizen, so if I decide to file AOS (I130+I485+I765+I131), what would be the "right" time to do it. Because of a pending I-485, I would automatically be in an authorized stay correct? Because I don't have an underlying legal status right now, would filing AOS grant me an authorized stay? Do I wait to get a decision from the H-1B extension and then file the AOS? Are there any benefits to this?

 

5. If my intention is to resume working as soon as possible, what are my options other than hoping the I765 gets approved within a couple of months.

 

6. Easiest is to leave the country, but I am worried about being stuck there for a while and unsure about reentry because of the DUI.

 

7. Should I file FOIA and get information in the meantime? Are there risks with this?

 

Given this context, am I missing anything important? Are there any questions I should be asking that I haven’t considered? I’d especially appreciate hearing from anyone with first-hand experience with DUI + AOS timing, H-1B extensions after status expiration, or concurrent filings.


 

I have been inconsistent with some of the milestone dates here. Mixed it up with a separate deadline unrelated to visa. Corrected dates are in the quoted post in BOLD.

Edited by sompsyth
formatting
Posted (edited)
2 hours ago, OldUser said:

You can file for AOS based on marriage today and not worry about it.

 

You can have both employment AOS and marriage based AOS pending at the same time.

Is it a risk with the current admin when I don't have any legal status but am only authorized to stay? That's my biggest concern. It seems like they are setting up a trap just to snatch me up.

Edited by sompsyth
Posted
1 hour ago, sompsyth said:

Is it a risk with the current admin when I don't have any legal status but am only authorized to stay? That's my biggest concern. It seems like they are setting up a trap just to snatch me up.

The longer you wait, the riskiest it gets.  

Filed: Citizen (apr) Country: Morocco
Timeline
Posted

The DUI may be a issue, you may want to consort with a immigration attorney. Also better have strong evience its a true marriage and not just for status reasons.

 

Originally Paris Heart, from years ago.

 

 

Formally Beth & Achraf,    Lost my sign in details.

Been here a Veryyyyy Long time. 

 

 

MY HUSBAND'S :   N-400  APPLIED FOR CITIZENSHIP:    Interview will be Houston Tx office.

Mailed:  11/13/2023

Delivered to USCIS Lock Box:  11/15/2023

Credit Card payment processed:  11-16-2023

Received Receipt #   via Text:  11-17-2023

I-797C Receipt received:  11-27-2023

Biometrics  will be reused per letter: 11-27-2023

 

04/09/2024:     INTERVIEW SCHEDULED :  HOUSTON OFFICE: MAY 14 2024   ♥

05/14/2024:     N-400 Interview   APPROVED  

June 5th, 2024:   OATH DAY:       

 

June 5th 2024:  My husband became a US Citizen ♥♥   1, 474 New US Citizens sworn in- Houston, Tx. 

The End of a Very long journey! 

looney tunes i might have miss a th in there GIF

 

-----------------------------------------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------------------------------------

 

A.O.S.  FROM EXPIRED VISITORS VISA:

 

Sent: 9/12/16: I-130 + I-485 + I-765 (USPS)

Delivered: Sept. 15th 2016 to Chicago Lock Box

Interview Feb  21st, 2018 for I-485

Interview  May 13th, 2019 for I-130 Stokes interview ( 5 minutes)

NOID issued May 17th 2019

June 5th,2019   USCIS received my response per NOID,   Addressed the NOID myself, No lawyer ever used in case.

July 1st, 2019  10 YEAR GREEN CARD APPROVED

July 5th, 2019   Approval letters for I-130 & I-485 received in the USPS  mail.

July 11th 2019   Green Card in Hand

Posted
On 7/25/2025 at 9:14 AM, Bethie said:

The DUI may be a issue, you may want to consort with a immigration attorney. Also better have strong evience its a true marriage and not just for status reasons.

 

Yes, we have been living together for a while, have text messages to prove how we met on a dating app. travel pictures, pictures with families, hotel reservations, etc.. The decision to marry now was ultimately driven by USCIS delay in processing my other case. So, is that a problem? If we ever get a question like "What prompted us to get married?" - is there a right answer? 

Posted
35 minutes ago, sompsyth said:

 The decision to marry now was ultimately driven by USCIS delay in processing my other case. So, is that a problem? If we ever get a question like "What prompted us to get married?" - is there a right answer? 

This is a bad answer. Marrying for immigration benefit is fraud.

Most of people marry because they love each other and want to build life together.

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

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