umikoikaze

USCIS are wedding people...

He entered with just the intentions to stay just a couple months, but the longer he stayed the harder it became to think of him leaving.....this is violation of certain laws.....have them go to Canada and come through proper channels.

This forum is not to help break laws........

Why does AOS exist in the first place if it's illegal to AOS from a non-immigrant visa? I'm sure if it was illegal, USCIS wouldn't have it as an option.

My advice is to try to file for AOS as soon as possible, but don't worry too much as overstay will be forgiven for spouses of US citizens. Good luck to you!

Got my biometrics letter 2 days ago! Dated 6/6, scheduled for 6/23!

I got by biometrics letter with the same number on it and it's still not working on the website. Could I be one of those unlucky people who won't be able to check case status online?

Thanks Lavender, I see it is sort of a gray area

It is gray area and it's up to your CO to decide. Since there's a wait time for your visa preference for about 2 years, I think you could be fine. What you need to do is be honest with them about everything and not hide the fact that somebody filed a I-130 petition for you. You'll need to put this information on your application. You still could be denied, but it is worth a try. Make sure you have enough evidence of your ties to home and that you intend to come back from your studies. If they deny your student visa, you'll only lose that visa fee, but it won't affect your I-130 petition and green card process. I think you should try, hope for the best but be prepared that it might get denied. Good luck!

Let's clear something up: no one said you need a visa to get married, Umikoikaze. Anyone can come to the US on a tourist visa, for example, get married and then leave. But you came here, got married after 2 weeks and then let your student visa lapse. It is fraud to apply for a non-immigrant visa with the intention to immigrate. That's how USCIS may see it, so you better prepare some good answers for your interview.

Please refrain from commenting unless you read my story. There were 14 months passed between me obtaining the visa and my last entry into USA. Yes it is fraud to apply for non-immigrant visa with intention to immigrate, but I didn't have definite intention to immigrate at that time, I did mention to CO that I might want to stay in the states after completing my studies depending on where I get job offer. I was 100% honest about everything and they have all of that in record and can access it if needed. I didn't know my husband at the time I was applying for my visa and met him at school. Also if you read my story, you'd know that there was 4 months before my visa lapsed due to school making a mistake and not giving me leave of absence to which I was entitled by law in my situation. And yeah I put my health and my baby's health above my visa at that time as it was a life or death situation. I'm sure USCIS will understand that my life could be more important to me than my visa status, especially since my DSO should have approved my leave in absence and used scare tactics to get me to leave the country and not following the law. I also completed 3 semesters of school prior to that and was enrolled in my 4th one. But my overstay should be forgiven as I'm married to a US citizen. CBP officer at the border never asked me whether I had a boyfriend in US or anything similar to that. Had he asked me I would've replied truthfully and was fully aware that they have a right to turn me back and not let me in. And again I didn't violate my F1 status by getting married, I maintained my status for 3-4 months after that (I'm not entirely sure what date was put on my SEViS record). I'm sure USCIS can access the records from my visa interview and the border crossing and can see that my answers add up and I never lied or misrepresented anything.

Again I didn't ask for you to evaluate my story or give me your opinion. Really don't appreciate being accused of fraud when you know nothing about me/my situation and it has nothing to do with OP's original question. I'm fully aware of my situation and some difficulties I might have, but your accusations aren't going to change the fact that I got married when I did.

Does applying for,or having an I-130 approved,affect eligibility for a Student Visa?

I am asking this because there seems to be a condition for obtaining student visas requiring that the applicant have no current "intention" to immigrate to the US. It's just for going to school,right?

Is applying for or having an I-130 evidence that you have "intention" to immigrate?

I think it would depend on your situation and what your actual intent is. Who's petitioning for you and are they USC or LPR?

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.

Can't edit the post so just clarifying what I meant: you need fiancée visa if your purpose is to go to USA, get married and immigrate. If your intent is just to go and get married without plans for immigration, I think you can do it on a tourist visa as well. Getting married to USC doesn't always mean immigration intent.

Please correct me if I'm wrong.

They said that I can apply for a waiver and come back again .

As far as I know, officers at the border often give wrong information for the purpose of calming you down (have read stories here from people to whom it happened), but I don't think it would hurt to try.

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.

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.

It was used as a guidance only, not an actual rule/law, and it does not pertain to those adjusting status as an immediate relative of a USC. This may help explain > http://www.hooyou.com/familybased/exceptions.html

I'm sorry if I wasn't clear earlier. I never meant that it was a strict law, just a guideline that might impact the case negatively. As in this is something that will be considered along with other factors.

I'm actually being told in another thread that I committed immigration fraud by getting married 16 days after my last entry to the states (didn't apply for adjustment of status for 16 months). This is really confusing me, as I'm seeing different opinions on the matter. Thanks for providing the link, I understand it better now.

@ 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.

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.

Welcome to the thread, guys! I just got my Biometrics appointment in the mail today, scheduled for the 22nd of this month. I was so nervous opening the envelope, but once I saw the slip was white, I couldn't contain my excitement!

Anyone else got any updates? Also, the USCIS status webpage still isn't recognizing my numbers.

Congrats on your letter!

I'm having the same problem with USCIS status webpage. Not sure if it's too early to check, or I just happened to be one of the unlucky ones who won't be able to track case status online I read that sometimes that happens.

I always wonder about those who visit and then decide to marry and stay, like how is it possible without planning?! I don't mean this in a bad way, I'm just curious. We did the IR-1 visa and for me it was months of preparation before I could move over. I had to sell my apartment, my car, furniture, pack up and ship the stuff I wanted to bring with me, quite my job, wrap things up with my bank etc etc. I always wonder how people move halfway around the world, or even just next door like you did, without planning? Because now you can't leave the US for months so what do you do with everything back home? I'm not judging, just interested in how it works and you seem like an open person, so figured I'd put the question out there.

For me, I was already living in the states as a student. I didn't own anything back home and all my furniture and a car was bought in the states because I got here when I was 18. Back at home I lived with my family and didn't have a car. They still have some of my clothes, papers and personal items at their place but it's not a big deal, I'm going to go through it next time I visit. I have bank account in both countries and have no problem maintaining them online, but my primary account is in the states. I wasn't planning on adjusting yet, but had a medical problem that didn't let me maintain my F1 status so I fell out of status and had to adjust. We were planning to get married eventually but it hasn't been decided when until I came back into the country since there were some family problems. When we decided to get married, we had a civil ceremony next week and then a formal reception 8 months later so that my family could visit and we'd have some time to plan it.

I think everyone's situation is different and what works for one couple might not work for another. For me, going back and getting a visa wouldn't make sense as all of my stuff and live was already here and I was also unable to travel due to my medical problems.

I hope I'm not hijacking the thread by answering your question. Not 100% on the rules of this.

May filer here as well! Send my package on May 18th. Does anyone know how long it usually takes in Chatsworth, CA (San Fernando Valley Office)? I couldn't find this office when filling out my timeline.

This is not true. Please don't spread this rumor.

I'm sorry I didn't know this was a rumor, as I've read about it on many immigration websites. I also see it mentioned in a document by USCIS.

https://www.uscis.gov/sites/default/files/err/H2%20-%20Waiver%20of%20Inadmissibility%20-%20Criminal%20-%20212%20(h)/Decisions_Issued_in_2007/Oct312007_02H2212.pdf

Do you have more information about it? I'd like to know more about it, as it might apply to me.

No worries there at all... we did not get married within 60 days.

In that case I don't think you should have problems I sent my application in on May 17, so you and I should be close to each other in the application process.

I entered as a tourist - that was true, and there was no intent prior to arriving as a tourist to get married - it just developed. We were married in May, and filed last week.

Did you mention that you had a boyfriend/were visiting someone? And when did you enter. There's a 30/60 rule where if you apply for adjustment of status within 30 days of entering the states, then fraud will most likely be suspected. And if it was within 60 days they will be more cautious to make sure that you didn't lie at the border. Of course, it's not a guarantee and you should always say the truth, but it could hurt your case if you got married and filed for adjustment very soon after entering the country.

Good luck to you!

I got married on F-1 (student) visa, became out of status due to some problems and now am adjusting my status. As far as I know this is allowed and not a problem, unless you got into US with the intent to adjust status and bypass immigration laws. When did you arrive in the states and what did you say your reason for the visit was? Also, when did you get married and when did you file/planning to file for AOS?

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!

As far as I know, being someone's dependent doesn't exclude one from filing taxes. Only she is responsible for her taxes, nobody else can file for her. Being a dependent on someone else's return only affects the deductions/exemptions she can claim. I would advise reading up on IRS laws and consulting a tax adviser if necessary to see if she was required to file taxes in 2013. Does she still have her W-2 forms from 2013?

Anyway, there are two options:
1) She wasn't required to file taxes in 2013 because her income was too low (You said she made a couple thousand, that could be under IRS tax requirement limits so make sure to check). In this case she would need to include a proof of that (letter/explanation).
2) She was required to file taxes in 2013. In this case I'm not sure what the best way to go about it would be. Probably file the return now and pay all the applicable fees. Maybe consult an attorney or a tax specialist.

Her being her father's dependent doesn't come into play at all and isn't a valid reason for not filing taxes.

https://www.irs.gov/pub/irs-prior/p501--2013.pdf

Please reread the NOA. It should say right on it that you cannot use that number and you have to wait for the biometrics letter.

I reread all of them several times and none of them say that I have to wait for the biometrics letter to use USCIS online case status checking system.

The only one mentioning biometrics is the I-485 NOA and it says:

Next Steps:

• USCIS will schedule a biometrics appointment for you to have your biometrics electronically captured at a USCIS Application Support Center (ASC). You will be receiving a biometrics appointment notice by mail with the specific date, time, and place where you will have your fingerprints and/or photographs taken.
• You must wait to receive your biometrics appointment notice before going to the ASC for biametrics processing.
• This notice doesn't serve as your biometrics appointment notice.

​The e-mail notifications I received state the following:

"Your case has been accepted and routed to the USCIS National Benefits Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797) with your Receipt Number MSCxxxxxxxxxx. With the official Receipt Notice (Form I-797) you may visit www.uscis.gov where you can check the status of your case using My Case Status. We suggest you wait until you have received your Form I-797 before checking My Case Status."

Again, biometrics letter isn't mentioned. Am I not understanding something?

I received my paper NOA-1s for I-130, I-485, I-765 and I-131 today and they are dated 5/26/16.
I wanted to add case number to my online USCIS account so I could track them, but it's saying that the number doesn't exist. I tried all four of them.

My electronic NOAs said that they recommend I wait until receiving paper copies till I can track case status online, but it's still not working.
Does anyone know how long it usually takes to get it updated online? I searched the forum but only found old threads and was wondering if there was more recent information available. My receipt numbers start with MSC and I'm entering it as "MSCxxxxxxxxxx".

Thanks!

Could you contact your loan issuer and ask for an extension due to not having enough income? They could lower your payments based on that, or could let you postpone your payments till you get your EAD. I feel like that would be easier to do than trying to expedite your EAD. Or you could try both.