Overstaying Student Visa HELP

[andrea&roberto 1]

My roommate came on a student visa, which was valid for 2 years, ONLY WHILE studying at a valid/accepted school. So, although it hasn't "formally" expired, he didn't abide by the restricitons set. So, now, he's basically overstayed his student visa. He is here working, and going to an english school, but not a validated one. HIS QUESTION is what to do if he were to marry here in the US. Does he just pay a fee? What does he do to restore his legal status? If he married, would he need to go back to home country and start CR1 there, or can he remain here, with his life, and work if he got married legally?

[Corinthians 7]

You say the visa is still valid but he has overstayed. Which is it? What stipulations came with the visa with respect to leaving when he finished studying?

[canadian_wife 1,829]

Since he entered with inspection (was granted a visa and entered through a port of entry) he can marry a USC (of course if it is for love) and adjust status to a permenant resident. The process will be long and expensive. Begin with the guides on here for adjustment of status

Good luck.

[Tabouleh 1]

You say the visa is still valid but he has overstayed. Which is it? What stipulations came with the visa with respect to leaving when he finished studying?

Say he got a student visa, but then he did not go to school, which is what this sounds like. He has a visa, but because he is not attending class at that school, he is out of status; that is, not fulfilling the terms of his visa. You have to attend the school that issued you the I-20 and maintain a full time course of study -- it doesn't matter what the visa expiration date is.

Edited June 19, 2010 by Tabouleh

[juliava 80]

By working without authorization and not attending the school that the student visa was issued for, your friend violated the terms of his visa. Therefore, he is out of status. However, he may marry a US citizen and apply for AOS. Yes, there are application fees involved but the fee doesn't guarantee the AOS approval by itself. First of all the marriage needs to be legit. There are a lot of people on this forum who applied for AOS and they had a student visa.

[andrea&roberto 1]

Ok, yes, so he is out of status. He does want to marry, legitimately (spelling) so how does he apply for AOS (adjustment of status- i'm assuming) what forms first does he need to fill out, and will he pay extra fees because he is out of status now?

[milimelo 4,553]

Ok, yes, so he is out of status. He does want to marry, legitimately (spelling) so how does he apply for AOS (adjustment of status- i'm assuming) what forms first does he need to fill out, and will he pay extra fees because he is out of status now?

Read the guides for Adjustment of Status from work, tourist and student visa.