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need some very serious adviced....

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Filed: Timeline

Hello to every one...

This is my situacion..

I came here to the states with an student visa on august 2005, I went to school for that semester,without any problem, after that my visa was expired on december 2005 but i decided to stay and take another semester of school with a current I-20 but after that semester i was not able to pay another semester of school. and decided to stay in the states.

well the thing is... I am getting married to an US Citizen in a couple of weeks... i am wondering if i will be able to get a permanent resident card, and what kind of issus i will be confronting during the process .... i will apreciate any kind of adviced of if you have questions for me, feel free to ask them..

Thanks

Hilton

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Filed: Timeline

"and decided to stay in the states." What does that mean? You deliberately and with intention violated immigration law?

Hello to every one...

This is my situacion..

I came here to the states with an student visa on august 2005, I went to school for that semester,without any problem, after that my visa was expired on december 2005 but i decided to stay and take another semester of school with a current I-20 but after that semester i was not able to pay another semester of school. and decided to stay in the states.

well the thing is... I am getting married to an US Citizen in a couple of weeks... i am wondering if i will be able to get a permanent resident card, and what kind of issus i will be confronting during the process .... i will apreciate any kind of adviced of if you have questions for me, feel free to ask them..

Thanks

Hilton

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Filed: Other Timeline

Basically you are out of status because you are no longer in school. You can adjust your status through marriage to a US citizen. The only two things that might come up are 1) if you've left and re-entered the country once you became 'out of status' and 2) if you are accused of visa fraud since you came to the US to study and yet are not doing so. (I've only heard of cases where people came to the US on a student visa and never went to school have this accusation but you never know.)

As always, check with an immigration attorney.

Nothing I say is legal advice. I recommend you consult a qualified immigration attorney for any questions you may have.

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File I-130 along with I-485 after the marriage. You should be fine.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: AOS (apr) Country: Peru
Timeline
"and decided to stay in the states." What does that mean? You deliberately and with intention violated immigration law?

Hello to every one...

This is my situacion..

I came here to the states with an student visa on august 2005, I went to school for that semester,without any problem, after that my visa was expired on december 2005 but i decided to stay and take another semester of school with a current I-20 but after that semester i was not able to pay another semester of school. and decided to stay in the states.

well the thing is... I am getting married to an US Citizen in a couple of weeks... i am wondering if i will be able to get a permanent resident card, and what kind of issus i will be confronting during the process .... i will apreciate any kind of adviced of if you have questions for me, feel free to ask them..

Thanks

Hilton

Luckily for the OP, if they file I-130 and I-485 together, USCIS doesn't care, and overstay and unauthorized work will be forgiven.

OP - I'd consult with a lawyer to see if there are any potential complications that you haven't detailed here, but if you file the I-130 and I-485 together, you should be fine. It's doubtful there will be visa fraud accusations, as you went to school, so obviously used the visa for its purpose. However, if you did re-enter the country after leaving school (again, doubtful, but some people are sneaky...) that would be an issue as well.

this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

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