Pressna

May I ask for a progress update on your case? Thanks

May I ask for an update on your case? Thanks. 

Inquired a lawyer on the same issue and this was his response. I really hope he's right. Wanted to put this here to see if anyone has tried his service or general thoughts. Thanks again guys.

On 1/25/2023 at 10:25 PM, ROK2USA said:

When did you arrive in the US? 
when did your visa expire?

when did you leave school/ fall out of status? 
why did you not leave in May?- flights were cancelled or you wanted to get to know your husband better?

How soon after you met your husband did you get married? 
 

I arrived August 31st, 2021.

My visa never expired I fell "out of status" because I didn't enroll in enough classes during that semester (all F-1 needs to enroll in school full-time, wanted to apply for "reduced course load but my medical documents weren't ready in time). I fell out of status December 24th of 2021.

I didn't leave bc I didn't get the right Covid test for China and I couldn't board. I did want to get to know my husband better too.

We got married August 1st, 2022.

On 1/25/2023 at 11:09 PM, Timona said:

Go online on I-94 website and tell us when it was set to expire. That will be pivotal.

On 1/25/2023 at 11:22 PM, Rocio0010 said:

So is the I-20

It says D/S, the F1 visa stamp on my passport says 22 Dec 2024. My i-20 has program start/end date at 30 December 2023, current session date from 30 August 2021 to 21 December 2021.

My VPN isn't the best so I haven't been replying in this forum. Thanks to everyone that's been helping and responding.

Any updates?

4 minutes ago, Boiler said:

I can not be certain either way. Too little information.

What more information can I provide here? 🙏

1 minute ago, Jorgedig said:

"Wanting to leave" or travel itineraries for flights you did not take are not relevant.

 

So, you will have a ten year bar for a >one year overstay.  Like Boiler said, you will find out at the visa interview if you can apply for a waiver.

Thank you for explaining. Are there scenarios where you won't be given a waiver? How does that usually happen?

11 minutes ago, Jorgedig said:

Your husband needs to petition you first.

 

As I understand it, you will apply for a waiver for your overstay-related bar at the immigrant visa interview.

 

How long was your overstay?

Became out of status in 2021 December, wanted to leave in May, but left in January this year. I have flight confirmation showing I wanted to leave in May but that's the same month I met my husband.

This might be a silly/obvious question but I have read online (I know, not the best sources) somewhere that if you are out of status on an F1 visa without being deported and left before the expiry date of your visa you should still be fine moving forward to immigrant visa application (CR1 in my case). I wonder if that's true? I had stayed for a year but COVID played a big part in why I couldn't leave and later on I met my husband and got married immediately.

Second question is if I should file CR1 first or vice versa? I read the timeline of someone here they didn't file for i601 until their K1 was denied, and they received their K1 after waiver being approved. So I wonder if I should do the same. Thanks for everyone's reply in advance and thank you for ur help!