Adjustment of status

[Nick1008 0]

Hello,

I came to United States on a F-1 student visa in Fall 2008. I have maintained my visa status since then. Unfortunately due to bad academic progress I was dismissed from my university on December 2009. I had applied for reinstatement with the DHS and I was reinstated in my same course of study from January 2010. During the process of my reinstatement application, the DHS required me to submit some additional documentation which was notified to my school. I was never notified about it. On 25th June, I get a letter from DHS that my reinstatement application has been denied since I did not turn in the additional documentation within 4 weeks. On the following day, I received an email from my school that since my reinstatement had been denied, I have to make arrangements to leave USA asap.

I have been dating my girlfriend since the last 10 months. We had planned to get married and we had already filed for our marriage licenses before my reinstatement was denied. We got married on 1st July, 2010 as planned. Our marriage was totally based on good faith and understanding and both sides of our families knew about it and they attended it. Now I have to apply for an AOS. Since my reinstatement to F-1 status was denied a few days back, will I face any problems when I apply for the AOS ???? Also I would like to know the steps and procedures of applying for the AOS along with the various other related forms and their respective fees.

[ValerieA 350]

Hi, Nick1008! Here is a link to the guides for the AOS process:

AOS Guides

I do not have any experience regarding being in removal proceedings, but I would suspect that it will cause you issues when adjusting status. Having said that, it does not mean you can't adjust status, you will just have a higher burden of proof of a bonafide marriage. Others here can help you more on it, JimVaPhuong comes to mind.

Edited July 7, 2010 by ValerieA

[SaraDee 9]

I'm not sure but I think that an e-mail from your school does not constitute removal proceedings. If you had gotten a letter from the government that would be different. However, since you did get married after your visa was denied (at least that's what I think you said), you must make sure that you have a lot of evidence of a real marriage.