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Filed: Other Country: South Korea
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Hello, my name is Hana.

I'm new to this site and having trouble finding answer for what we need......

I'm us citizen and my husband..

well, it's complicated, we think it is.

my husband first came here as tourist then changed to student. but due to financial problems, he stopped going to school. so i guess now he's illegal...

we never got any final notice or anything from immigration office regarding his status. (only got a letter from his school saying that if he doesn't show up, they are gonna have to report to the immigration office and something about deportation. my husband threw out the letter.... :unsure: )

all this happened before we got married. ....

we got married last november, and now trying to file i-130 and i-485.

what should we put for his status? and I-94 expiration date? since I-94 doesn't have an expiration date for student visa.. do we still put his status as student even though he doesnt go to school nemore? we don't know what exactly his status is... removal/deportation stuff...

please please help! anybody!!

we are trying to do this by ourselves, not through the lawyer... (expensive..... :crying: )

can anybody please help us~~?????? :crying::crying:

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Hello, my name is Hana.

I'm new to this site and having trouble finding answer for what we need......

I'm us citizen and my husband..

well, it's complicated, we think it is.

my husband first came here as tourist then changed to student. but due to financial problems, he stopped going to school. so i guess now he's illegal...

we never got any final notice or anything from immigration office regarding his status. (only got a letter from his school saying that if he doesn't show up, they are gonna have to report to the immigration office and something about deportation. my husband threw out the letter.... :unsure: )

all this happened before we got married. ....

we got married last november, and now trying to file i-130 and i-485.

what should we put for his status? and I-94 expiration date? since I-94 doesn't have an expiration date for student visa.. do we still put his status as student even though he doesnt go to school nemore? we don't know what exactly his status is... removal/deportation stuff...

please please help! anybody!!

we are trying to do this by ourselves, not through the lawyer... (expensive..... :crying: )

can anybody please help us~~?????? :crying::crying:

Hello - welcome to VJ.

What does it say on the I-94? Does it say D/S? If it does, only an immigration judge can determine his status.

However, since he is married to an USC, and your are about to file for AOS, his status will be "applicant to adjust status" - I would recommend you do it asap.

:guides: would be a great place to start.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Other Country: South Korea
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Hello - welcome to VJ.

What does it say on the I-94? Does it say D/S? If it does, only an immigration judge can determine his status.

However, since he is married to an USC, and your are about to file for AOS, his status will be "applicant to adjust status" - I would recommend you do it asap.

:guides: would be a great place to start.

thank you!!

I-94 on his passport says mar. 2008. but he changed his status to student, received new i-94 on paper which says DS, but then again he's not student nemore... so he has 2 i-94.

so... regardless his status right now, i should just put 'applicant to adjust status' on expiration date?

also they asked if there was any immigration proceeding (removal/ deportation/ etc on I-130 Q 16) we'r not sure when exactly his student status ended..

what should we do???

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thank you!!

I-94 on his passport says mar. 2008. but he changed his status to student, received new i-94 on paper which says DS, but then again he's not student nemore... so he has 2 i-94.

so... regardless his status right now, i should just put 'applicant to adjust status' on expiration date?

also they asked if there was any immigration proceeding (removal/ deportation/ etc on I-130 Q 16) we'r not sure when exactly his student status ended..

what should we do???

You can only have one I-94 - and that would be the last one issued (with the D/S)

His current status is D/S (student). That is what you would put.

Again, only the IJ can determine if he is "out of status". (only till the AOS is accepted, and you get the NOA, his isn't "adjusting" yet)

If you didn't receive any notification of removal, you probably are not under any - however, if you can contact USCSIS to make sure if your worried.

(If he is - they will discover it during the AOS most likely)

If in any doubt, you may want to consulte with an immigration lawyer, some will talk to you for an hour or so for $100 or less.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Other Country: South Korea
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Thank you again 'Bobby+Umit'

just learned that his student status ened around last march.

so we'll put D/S on his expiration date, n yes to immigration proceeding.

and illegal on his status?

sorry~~~

other than that, we are ready.....! :help:

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