Out of Status

[hannahlore 0]

My boyfriend of 7 months has been awaiting the return of his i-94 card from the USCIS for month and had not received it or the a letter his college had told him to wait for. Yesterday he received his card and a letter saying his reinstatement was denied b/c he had not responded to the previous letter. Today he received an email from the university that he has been dismissed and reinstatement was denied. Also that he should return to india ASAP. I am deeply in love with my boyfriend and we have planned to marry, but not this soon. Is there any reason we should not go ahead and get married as soon as we receive are marriage license and then apply for his spousal green card? The lawyer i spoke with informed me to ask around here because he doesn't know much on the subject. He just knew that there was no reason we couldn't marry but was not aware of the process of him receiving a green card. I just need to know that he won't be deported and lose his visa for ten years. Please help and let me know what we can do. Him going to India and coming back on a fiance visa is not a good plan for us. We are both students and coming up with an extra $50 for the marriage license and the attorney fees is already too much, let alone $3,000 to go to india and back and another $500 for the visa. HELP

[Bobby+Umit 161]

What visa was he here on originally? Student?

If he did, he should have 30 days or so to get his things in order prior to leaving, so you could get married and file for the AOS.

Then he will not be out of status, since you are awaiting status change (via the AOS).

Edited June 25, 2010 by Bobby+Umit

[hannahlore 0]

so basically as long as we do this all in a hurry we have nothing to worry about and the only process we need to take is marriage license, marriage, and finally applying for AOS?

[Bobby+Umit 161]

so basically as long as we do this all in a hurry we have nothing to worry about and the only process we need to take is marriage license, marriage, and finally applying for AOS?

I wouldn't say you have "nothing to worry about" - but you would want to do it asap.

You will have to prove that the relationship/marriage was in "good faith" and not for immigration purposes down the road - the burden will be on you.

However, many have done what you are about to do and were successful.

[justashooter 430]

DON'T STOP READING TILL YOU GET TO THE PART ABOUT THE I-864

FYI, it's a lot more than $500 to arrange K1 visa. you are closer to 2 grand by the 2 year mark, just in fees to USCIS. then there are certified translations of documents that will have to be bought from extortionists, medicals, interview related travel and fees, immigration travel, etc. and don't get me started on trips home to visit the "old country", sending money to relatives, and the "bling factor".

if you apply while married in USA on tail end of a student visa you will prolly get interviewed, and should be able to show as much comingled finances as possible, and should be cohabitive, for sure. you should also have a smackdab of pictures of you two together and your wedding. would be ideal if you could show pix of his family in a wedding in india, but beau coup bux in Goa, baby.

read this guide:

http://www.visajourney.com/content/i130guide2

then see the fees and proposed increases:

http://www.grahamadair.com/news-updates/united-states-u-s-citizenship-and-immigration-services-proposes-an-increase-to-the-existing-fee-schedule/

start with I-130, consider I-765, I-131, then add in I-693, plus civil surgeon's cost for health inspection. the filing is free, but the CS is 100-700$, depending on immunisation records, etc. (why they let students in without one is beyond me):

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

then read the I864, which indicates that you as the petitioner have make at least 20K$ per year to qualify to sponsor this guy (or arrange a co-sponsor that can meet the 125% of poverty guidelines after including all their family members and the both of you, which is 20K$ for the first 2 people, and about 5K$ per person after that), and to agree to keep the applicant off social welfare programs till he is a USC, dies, works 40 quarters, or surrenders his GC, or to repay the .gov for what he uses and receives.

good luck with that.

[Justine+David 218]

Agreed. You'll need a co-sponsor if you're not making 125% of the federal poverty line for 2 people. If you can't afford $50, I don't see how you'll afford the affidavit of support requirements.

[hannahlore 0]

Does anyone have any other solution to our problem? I keep reading these replies and everything is about money. I'm stressed. I've found the lice of my life, I just can't lose him just bc financially for both of us it's the wrong time. So if we go get married Friday, what's the next step? How long do we have to fill out the AOS? Can my parents be sponsors? As fr as proof, Im not worried. He moved in with me almost a month ago. He's been home and met my entire family several times. We have pictures, I mean Facebook is perfect showing when pics of us were added. I just need help, ona lighter note vs ur screwed ur poor. I'm in college, it happens

[Leigh Ann 8]

Does anyone have any other solution to our problem? I keep reading these replies and everything is about money. I'm stressed. I've found the lice of my life, I just can't lose him just bc financially for both of us it's the wrong time. So if we go get married Friday, what's the next step? How long do we have to fill out the AOS? Can my parents be sponsors? As fr as proof, Im not worried. He moved in with me almost a month ago. He's been home and met my entire family several times. We have pictures, I mean Facebook is perfect showing when pics of us were added. I just need help, ona lighter note vs ur screwed ur poor. I'm in college, it happens

Yes, your parents can sponsor him. Then they have to make 125% of the poverty line, which is determined by the number of people in their household + the person.

Also, just fyi: the fees for applying for AOS are not small. It's going to be $1010 + $355. You can apply for a fee waiver, but it's kind of hard to get, I think.

[Brother Hesekiel 2,236]

You may not like what is commonly known as a reasonable approach: there's a right time to get married and there's a right time to have children. The right time to get married is when the husband-to-be has finished his education, has his career on track, and can provide for a family. Even if you reject gender roles and water the whole concept down, getting married while in school and having nothing worked only in the movie 'Love Story.' The financial aspects are only one indicator confirming the common sense approach. Getting married is a big step in and by itself, now add to this years of cuddling with the immigration people and by the time all is said and done, the final bill, as huge as it might be, is going to be the least of your worries.

You are still young, and getting married purely because of immigration concerns (that's pretty much what you are considering) is not the intelligent thing to do.

[juliava 80]

You may not like what is commonly known as a reasonable approach: there's a right time to get married and there's a right time to have children. The right time to get married is when the husband-to-be has finished his education, has his career on track, and can provide for a family. Even if you reject gender roles and water the whole concept down, getting married while in school and having nothing worked only in the movie 'Love Story.' The financial aspects are only one indicator confirming the common sense approach. Getting married is a big step in and by itself, now add to this years of cuddling with the immigration people and by the time all is said and done, the final bill, as huge as it might be, is going to be the least of your worries.

You are still young, and getting married purely because of immigration concerns (that's pretty much what you are considering) is not the intelligent thing to do.

I agree 100%!

I had been out of status for 3 years before I applied for AOS. Was it easy?No, but I handled it very well!Did I have opportunities to marry before?Hell, yes!But I couldn't do something like that for the sake of getting a Green Card.

[hannahlore 0]

Although I appreciate everyones input I am not here for personal advice and opinions. It was originally my idea and my parents and family support my decision. I am old enough to know what love and puppy love are. There is a difference and i have experience both in my 24 years. He will just simply have to put his masters on hold for now and we will have to work out the income to pay for our choice. My main question is how long after marriage do we have to file the AOS? Should I get an attorney?

[sachinky 465]

If you're penny-pinching $50, then you're not going to be able to afford a lawyer.

Believe me, I know what it is like to be a poor college student. Been there, done that.

Yes, your parents can act as joint sponsors.

You, as the USC spouse, will have to sign a I-864 and be financially liable for your husband.

You can get married and file for AOS as soon as you have the $1400 it will take to file and your marriage certificate.

Load up on the proof/evidence of bonafide marriage because you can certainly expect to be interviewed. He's been dismissed from college and his reinstatement has been denied. He's been asked to leave the country. Now he's going to marry his USC girlfriend. There will be some skeptical questioning.

And I don't want you to listen to it, but Bob had some good advice for you. Truth be told, what you are considering IS getting married for immigration benefits. You said yourself, you weren't planning on getting married this soon.

Read the guides on how to AOS from a F-1 and good luck!

Welcome to VJ

[hannahlore 0]

Ok, Ty. The main reason I'm wondering how long we have to file is bc I will finish school in august and have an income. It won't be hard to save for tht. I know the suspicions and I expect an interview. So would it be better to plan an actual wedding that we had talked about having in march and just wait till then? Or will him being out of status that long be a bad idea?

[sachinky 465]

I don't and won't ever suggest anyone put their status in jeopardy or have unlawful presence for any amount of time.

Ok. Now, when does his F-1 expire? He has 30-60 grace period to sort out his affairs before he has to leave the U.S. Any time after that is counted as 'out-of-status' days. You can get married in August, file for AOS relatively soon after (since you say you will have the $ issue sorted out). Have a big wedding when you can plan it out. Use that for proof at the interview.

Others will have more information shortly.

Edited June 28, 2010 by sachinky

[Bobby+Umit 161]

I don't and won't ever suggest anyone put their status in jeopardy or have unlawful presence for any amount of time.

Ok. Now, when does his F-1 expire? He has 30-60 grace period to sort out his affairs before he has to leave the U.S. Any time after that is counted as 'out-of-status' days. You can get married in August, file for AOS relatively soon after (since you say you will have the $ issue sorted out). Have a big wedding when you can plan it out. Use that for proof at the interview.

Others will have more information shortly.

F-1 with the D/S is only "out of status" when an IJ determines it is.

(basically, if you didn't go before an IJ, you did not aquire any out of status days.)

I would not recommend to rely on this - but that is the way the rules are written. I would also not recommend anyone going pass their authorized stay in the US before they AOS. Things can become "sticky".