F1 Visa Holder... I-20 QUESTIONS

[pinayangelus 0]

So we plan to have our AOS packages sent out my the end of March 2009, I am graduating from community college in June 2009, so both my F-1 Visa and I-20 will be expired by June 2009. I did not plan on transferring to another college at this moment, as I do not have funds my mom who supported me through my F-1 visa will be retiring in April and cannot fund me any more money.

Do you think that I should keep my I-20 valid (go to another college) until i get some response from the USCIS? Or do you think it would be ok to overstay and just wait it out? What happens if they reject our application?

Also do I have to have copies of my old and current I-20 in the AOS package? And if so where should I place the copy?

Thank you guys

[EstebanTrabajos 7]

So we plan to have our AOS packages sent out my the end of March 2009, I am graduating from community college in June 2009, so both my F-1 Visa and I-20 will be expired by June 2009. I did not plan on transferring to another college at this moment, as I do not have funds my mom who supported me through my F-1 visa will be retiring in April and cannot fund me any more money.

Do you think that I should keep my I-20 valid (go to another college) until i get some response from the USCIS? Or do you think it would be ok to overstay and just wait it out? What happens if they reject our application?

Also do I have to have copies of my old and current I-20 in the AOS package? And if so where should I place the copy?

Thank you guys

Nope,

The moment you send and later on receive the NOA (Notice of Action letter) you are free as a bird to legally stay w/o mantaining your F-1 status. You are not overstaying because you plan to send it by March and your F-1 expires in June, it doesn't take USCIS 3 months to receive and send the NOAs.

First of all, if they are missing documentation they don't reject the application automatically but send a RFE (request for evidence) to you address and you have a period of time to respond, if you don't respond they stop the process. Moreover, if they reject you on your interview or during the process you are still entitled to appeal. While they are reviewing everything and waiting to decide, you can legally stay and use your EAD (employment authorization document) to legally work in the US.

If everything fails, you will have to leave the country. If you relationship if trutful, they will have to come up with a reason strong enough to deny your green card. Like terrorist, prostitution, communism, felonies etc, or simply by proving that your marriage isn't truthful.

Lastly, yes you have to attach copies of EVERY immigration document you've ever been given. If you don't have the I-20s, your office of international programs should keep all the copies in your file.

Edited January 9, 2009 by TävôLuDô

[EstebanTrabajos 7]

They also may deny your application if the last time you entered the country, you did it with intentions to get married instead of studying. Which constitutes visa fraud. In this case, you will have to leave the US and go back to your home country to apply for a foreign spouse visa through your local US embassy.

Edited January 9, 2009 by TävôLuDô

[pinayangelus 0]

They also may deny your application if the last time you entered the country, you did it with intentions to get married instead of studying. Which constitutes visa fraud. In this case, you will have to leave the US and go back to your home country to apply for a foreign spouse visa through your local US embassy.

I have a question since you said that LOL, well I went on vacation back home Jan 2007, so by that time i was already married for 1 year and a half, i only went for 2 weeks, then came back to the U.S to continue my studies which I have kept up and is the reason why I haven't filed for AOS till 6 months before I graduate. I don't remember if I was asked about my intentions but does that kinda mean that I am in violation of that? Could that affect their decision?

[mellowgeorge 1]

hmm, I didn't attach any of my I-20s to my AOS application as it wasn't asked for in the instructions. I did send a photocopy of my F-1 visa and my OPT EAD card.

[EstebanTrabajos 7]

They also may deny your application if the last time you entered the country, you did it with intentions to get married instead of studying. Which constitutes visa fraud. In this case, you will have to leave the US and go back to your home country to apply for a foreign spouse visa through your local US embassy.

I have a question since you said that LOL, well I went on vacation back home Jan 2007, so by that time i was already married for 1 year and a half, i only went for 2 weeks, then came back to the U.S to continue my studies which I have kept up and is the reason why I haven't filed for AOS till 6 months before I graduate. I don't remember if I was asked about my intentions but does that kinda mean that I am in violation of that? Could that affect their decision?

The question here is, did you intend to adjust status after you got married and entered the last time to the US? Marrying a US citizen doesn't mean you have to AOS, there are many people that have married a US citizen that don't intend or didn't intend to stay in this country.

If you got married, left the country and came back using your F-1, conscious that you would be applying for a GC in the future, this means that you violated your student visa rules since the student visa is valid for entry if the holder is coming to STUDY not intending to adjust status, marry a US citizen and/or stay in the US permanently. This issue could have been overseen if you would have gotten married out of the blue and wouldn't had left the country, love happens and USCIS understand this. At the end, this may affect their decision, MAY, it depends since everything is up to the consideration of the reviewing officer. They may ask you to leave the country and re-enter with the poper visa, which in this case is the K-3 or CR-1 for foreign spouses.

Edited January 10, 2009 by TävôLuDô

[pinayangelus 0]

Hmm you put that in great perspective! Thanks for that! I hope it doesn't cause a problem, LOL I actually didn't even know you could just adjust your status by filling out some paperwork. I was just thinking of going home first and then go from there. I didn't even find out about AOS until just a month ago, when my sister in law (whose a sherrif) told me about it, because her best friend was in a similar situation, AOS from a work/study visa who was married to USC. So I just researched it and this website came up.

Thank you very much for clearing things up for me. You've been a great help

[EstebanTrabajos 7]

Hmm you put that in great perspective! Thanks for that! I hope it doesn't cause a problem, LOL I actually didn't even know you could just adjust your status by filling out some paperwork. I was just thinking of going home first and then go from there. I didn't even find out about AOS until just a month ago, when my sister in law (whose a sherrif) told me about it, because her best friend was in a similar situation, AOS from a work/study visa who was married to USC. So I just researched it and this website came up.

Thank you very much for clearing things up for me. You've been a great help

Anytime