HELP NEEDED! HAVE IMPORTANT QUESTION! F-1 VISA HOLDER MARRIED!

[pinayangelus 0]

I am new to this so I'm going to explain my situation:

- I met my husband online back in 2001.

- Dating ever since then, visiting back and forth from London to Los Angeles.

- Came to California July 2005 on a F-1 Visa, to study.

- Got married in Las Vegas, basically 2 weeks after I arrived. This was not planned, just spur of the moment and no intent to get married in the first place.

- Going to graduate in June 2009, which means I'll have to go home , which i really dont want to to!

- Expired F-1 Visa, but still have valid I-20 and going to college.

I was wondering if the fact that I got married back in 2005 will affect the decision of the government to grant me AOS, because i got married so soon and we have not decided to file for AOS until 6 months before I'm supposed to go back to London?

What has everyones experiences been?

What options do I have?

What advice do you have for me?

I'm really worried about this, please help me, any information will be much appreciated.

THANK YOU!

[YuAndDan 153]

Start with this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

The expired F-1 visa will not have any effect, and USCIS tends to forgive any overstay when AOS is based on marriage to a US citizen.

Note: If you do file to adjust status, you will need to include an I-131 for advance parole, leaving the USA without AP while AOS is pending will terminate AOS processing.

Edited January 2, 2009 by YuAndDan

[Mint518 0]

I am new to this so I'm going to explain my situation:

- I met my husband online back in 2001.

- Dating ever since then, visiting back and forth from London to Los Angeles.

- Came to California July 2005 on a F-1 Visa, to study.

- Got married in Las Vegas, basically 2 weeks after I arrived. This was not planned, just spur of the moment and no intent to get married in the first place.

- Going to graduate in June 2009, which means I'll have to go home , which i really dont want to to!

- Expired F-1 Visa, but still have valid I-20 and going to college.

I was wondering if the fact that I got married back in 2005 will affect the decision of the government to grant me AOS, because i got married so soon and we have not decided to file for AOS until 6 months before I'm supposed to go back to London?

What has everyones experiences been?

What options do I have?

What advice do you have for me?

I'm really worried about this, please help me, any information will be much appreciated.

THANK YOU!

This is just an opinon but I do not think the fact that you married 2 weeks after you arrived in the US affects the AOS adjudications in your case. If you filed AOS right after the marriage it looks very suspicious, but I think it is good that you waited until you really need to adjusted the status and you are still in school (i.e., it will support your argument that you did not have an intention to get married in the first place).

Also I think the fact that you have not decided to file for AOS until 6 months before you are supposed to go back to London does not hurt your case. I got my H1B after I married with USC husband hoping to going back to Japan within 1-2 years (and I did not want to have GC back then), but we have just filed AOS last month for several reasons. So, situation will change over the years.

In the General Tips on Assembling Applications for Mailing (http://www.visajourney.com/forums/index.php?autocom=custom&page=assembly) it is noted that "12. If you believe your situation to be unique, explain it fully in an attachment to the packet, not as a cover letter." So, if YOU think it would help (or if it increase your comfort level), you may wish to include a separate sheet explaining why you got married in 2 weeks after you arrived in the US and why you did not file AOS until now (I personally don't think it is necessary though).

You do not need to worry about your F-1 Visa being expired as you have valid I-20 assuming there was no interuption of I-20. I belive, as F-1 visa holder, you should have stamped D/S (duration of status) on your passport and I-94, which means you will not be out of status as long as you keep valid I-20 (i.e, expiration of F-1 visa does not affect your legal status in the US).

Edited January 3, 2009 by Mint518

[Mint518 0]

You do not need to worry about your F-1 Visa being expired as you have valid I-20 assuming there was no interuption of I-20. I belive, as F-1 visa holder, you should have stamped D/S (duration of status) on your passport and I-94, which means you will not be out of status as long as you keep valid I-20 (i.e, expiration of F-1 visa does not affect your legal status in the US).

FYI - folloing is a quote from http://www.travel.state.gov/visa/temp/info/info_1298.html in support of the above.

• The Expiration Date for the visa should not be confused with the authorized length of your stay in the U.S., given to you by the U.S. immigration inspector at port-of-entry, on the Arrival-Departure Record, Form I-94, or I-94W for the Visa Waiver Program. The visa expiration date has nothing to do with the authorized length of your stay in the U.S. for any given visit.

• ... If you have "duration of status" or “D/S” on your Form I-94, you may remain in the U.S. as long as you continue your course of studies or remain in your exchange program or qualifying employment.

[EstebanTrabajos 7]

I was wondering if the fact that I got married back in 2005 will affect the decision of the government to grant me AOS, because i got married so soon and we have not decided to file for AOS until 6 months before I'm supposed to go back to London?

What has everyones experiences been?

What options do I have?

What advice do you have for me?

I'm really worried about this, please help me, any information will be much appreciated.

THANK YOU!

It won't, the fact that you got married is not a reason to apply for AOS.

There is a lot of people who have gotten married to US citizens that have never intended to AOS.

Just apply for AOS, as long as you can prove your relationship is truthful you don't have anything to worry about. There are people that have illegally stayed in the US and gotten married to USCs and have been able to adjust status.

Don't freak out you will be fine, just gather as much evidence as possible to prove you got married out of love

[pinayangelus 0]

Thank you very much to all who replied, I have been stressing about this for a while! Thinking that they will think it was visa fraud. But really we were just really young, naive and in love!

Thank you, thank you, wow I'm really glad I found VJ, I have friends that have gone through this and can help me through!

Any other replies, would be much appreciated

Edited January 3, 2009 by pinayangelus