sensuelle1985

Tell the officer at the POE your plan. They will advise you accordingly.

No. Your legal status is still that of an F1 student. Until that changes, you abide by the terms of your I-20 which requires your enrollment. The AOS is not a free pass and the approval of your application is not guaranteed.

You all found and rented an apartment together in less than 90 days? She clearly intended to move on that VWP and is playing a dangerous game.
What's going to happen if she continues living here is that she'll be an illegal immigrant and deportable (and because she's on VWP, she'll be deported without even seeing a judge. When you use VWP, you waive your rights to a hearing). Likely no ability to get driver's licence and eventually her passport will expire so that won't be a valid form of ID either. She won't be able to get on even a domestic flight or a train or do anything that requires a valid, unexpired ID. People choose to overstay or to enter without inspection because they don't understand the full consequences and/or because they feel like they've got nothing to lose. But the thing is, the longer you live here, the more you DO have to lose (and the greater the consequences become, and usually the more laws you have to break to be able to stay here, making yet more consequences for yourself.. You make friends, you get a job, a pet, furniture, etc etc and all that can disappear in a blink of an eye).
The consequences are that she'll never have VWP privileges ever again and she's unlikely to ever be approved for a tourist visa. Depending on how long she overstays, she will also receive a ban from any US visa, including a spouse visa, for either 3 or 10 years (10 years if she overstays one year or more). They will know that she overstayed. They may not come looking for her, but she will effectively be stuck in the US because the moment she leaves, she won't be able to come back (the VWP loss is automatic. They track entries and exits. They'll know. She leaves and tries to come back, they turn her around at the border and put her on the next plane home).
It's really not worth doing it this way. Even if it's not because of the US, only because of you. Probably half of the foreign spouses/fiances on Visajourney wouldn't be in the US at all if it wasn't for the American. They don't care what the reason is! The consequences are exactly the same.
Here-- this young Australian didn't realize how serious the 90 day VWP thing was. And apparently didn't realize that you can'd do a border run to Canada and get another 90 days (any time in US, Canada, Mexico or Caribbean counts against your 90 VWP days). Also, don't believe her for one second that it was "11 hours overstay". She got a 10 year ban. She was here for more than a year. It is *possible* that she successfully pulled off a border run to Canada and no one noticed (or let her slide) but it is more likely that she's just lying for sympathy. I wouldn't want to spend one hour in one of those detention centers, nevermind weeks!

USCIS is not accurate when it comes to processing time. I have some friends who applied after and have there cases scheduled before me hence the reason I started contacting USCIS. Also I play with the number online to see if cases that are after me have any updates.
Marriage based greencard typically takes 6 months with no RFE involves unless one has background check still in process. Also if the officer who working on your case is slow, your case will be handle slowly and with delay.

Something is not right here and it has nothing to do with the age difference or that she is divorced.
1. I have no idea how one "loses citizenship" due to divorce. There is no "demotion" to a green card. This simply did not happen. Find out the truth.
2. What exactly is your girlfriend's immigration status? (Since it is NOT "formerly" citizen, now just permanent resident)
3. If she is not a US citizen, you are not an immediate relative of a US citizen and therefore she cannot apply for a readily available spousal visa on your behalf. That is a privilege extended to citizens, not permanent residents.
*** Please do not post any identifying information on this website, including real names and email addresses.

Indeed, sometimes the best advice is the one we want to hear the least.
OP, good luck with the AOS. Hope you return to school soon. Most degrees outlast most marriages.

Well I will say it's bad to take advise from Internet strangers. Immigration process is unique in each case. It's always good to hear from others based on their person experience but it's your job to do your research. Call uscis for confirmation and if an attorney is involved, then take their advise after your RESEARCH. Bottom line is do your research. Any advise given on such forum is for personal experiences only. Doesn't mean all go in the same route. I totally understand you but it's your case and you have to take charge.

How could the petitioner and co-sponsor qualify for means-tested benefits yet still qualify to bring someone over to the U.S.? That makes no sense.

Hello every one,
I am also an F-1 hold with a pending adjustment of status. I was told by the international student of my university that while AOS is still pending, F-1 status still in effect, but once one start using the EAD based on the pending status it automatically cancel the F-1 status.

Hey Dave,
I have read your original post a while back and wanted to wait before giving thoughts. I have a close friend of mine who went through the same situation. He reported her to USCIS (giving all her info) and detailing exactly the situation. When it was time to apply for ROC she was denied for marriage fraud. I think you should report her.
PS: since she's been missing for month, she is considered a missing person, you should try to report her missing to the police, that way they can look for her and you will be able to have her physical location and hopefully she is safe and alive

Hey Dave,
I have read your original post a while back and wanted to wait before giving thoughts. I have a close friend of mine who went through the same situation. He reported her to USCIS (giving all her info) and detailing exactly the situation. When it was time to apply for ROC she was denied for marriage fraud. I think you should report her.
PS: since she's been missing for month, she is considered a missing person, you should try to report her missing to the police, that way they can look for her and you will be able to have her physical location and hopefully she is safe and alive

Hey Dave,
I have read your original post a while back and wanted to wait before giving thoughts. I have a close friend of mine who went through the same situation. He reported her to USCIS (giving all her info) and detailing exactly the situation. When it was time to apply for ROC she was denied for marriage fraud. I think you should report her.
PS: since she's been missing for month, she is considered a missing person, you should try to report her missing to the police, that way they can look for her and you will be able to have her physical location and hopefully she is safe and alive

Hey Dave,
I have read your original post a while back and wanted to wait before giving thoughts. I have a close friend of mine who went through the same situation. He reported her to USCIS (giving all her info) and detailing exactly the situation. When it was time to apply for ROC she was denied for marriage fraud. I think you should report her.
PS: since she's been missing for month, she is considered a missing person, you should try to report her missing to the police, that way they can look for her and you will be able to have her physical location and hopefully she is safe and alive

you had a smooth one.... Congrats (even if its been 4 years lol)

I would say to wait at least a year before getting married to her. You can sure move in together and have the family you want. But Getting married right away and filing for her AOS will definitively be a RED Flag.
If I were you I would wait till my citizenship before filling for divorce!

Congratualtion on your graduation.
No need to apply for I-130 now. Just wait until you have all the money then apply for AOS. You entered the country legally so even if you overstay your visa, your overstay will be forgiven by you being the spouse of an US citizen. You can start filling the forms out gathering all documentations now so whenever you are ready all you have to do if the money order or check and send it. If you are sure that you will send your AOS in a month you can start doing your medical. (go to your school clinic it will be free since you have school insurance, that's what I did and all my shots where free, I just bring the proof of vaccination to an uscis authorize physician who fill out the form)

Hello mattmatt,
No it will not matter if you fill Married Filing Separate or Married Filing jointly. if she doesn't have a SSN you can go to a tax agency and they will apply for an ITIN for her. The only difference is that filling separately your income is not combine, so if she owns it will not affect you compare to filling jointly