F1 student with expired OPT

[Andreas12 0]

Hi there,

I'm a former f-1 international student from Norway and have completed my bachelor degree at the university of texas at austin may of last year. At this point my OPT has expired, and I am about a week past the 60 day grace period. I've recently married and desire to stay in the us and work. I still want to be a norwegian citizen. I'm unsure of how to proceed from this point and even what kind of status is appropriate for me. Any information that you fine people could share with me on this matter would be most helpful.

Also, seeing as how my opt is expired and my stay is overdue, do I need to leave the country to go through this legal process or can I stay as i am legally married?

If I do need to leave, how long must I be out of the country before I could return on another tourist visa (3 month period)

Is there any penalties or fines for staying past visa expiration? I'm trying to establish this as soon as possible so I don't get in a bad situation or prolong the legal process of getting back to the US.

thanks!!

Andreas

[Darnell 8,479]

IF you have no '2 year home residency requirement' -

then the Adjustment of Status is straightforward - see http://www.visajourney.com/content/i130guide2

File, then not leave USA until greencard in hand.

Edited September 28, 2010 by Darnell

[Bobby+Umit 161]

Just do the AOS - don't leave the country.

No problem with the overstay (since your a student - your I-94 probably says "D/S", so only an IJ can determine that).

Follow the guides up top.

[Harpa Timsah 13,258]

Yes, follow the above linked guide and you will get a greencard. It will not affect your Norwegian citizenship. There are no extra fees for overstaying for spouses of US citizens; once you file the the Adjustment of Status (AOS) you will be back in status until your petition is adjudicated (which will be approved in most cases and you will be a legal permanent resident at that point). Hop on over to this forum for more discussion on the matter.

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

[Darnell 8,479]

*** moving to 'Adjustment of Status from Work, Student, & Tourist Visas' forum ***

Edited September 28, 2010 by Darnell

[Neal851 3]

Yup just follow all above guidelines.You will be ok.

[Andreas12 0]

Any idea how long an AOS takes to process? I'm scheduled to go to Norway on nov 24th and going back on january 6th. Would there be complications with reentry with a currently expired visa and being in a transition to AOS and eventually greencard? Could I reenter as a tourist, or must I wait until I have a greencard? Do I have to wait until all the paperwork is done?

[canadian_wife 1,827]

Don't leave, you are already in overstay. Marry and file your AOS.

No guarentee you'll be allowed to re-enter with an overstay and clearly more ties to the US than to Norway.

Plus, entering as a tourist with intentions of marrying and adjusting status is visa fruad - can result in a lifetime ban from the US

Re-schedule your trip

Good luck

[Andreas12 0]

Don't leave, you are already in overstay. Marry and file your AOS.

No guarentee you'll be allowed to re-enter with an overstay and clearly more ties to the US than to Norway.

Plus, entering as a tourist with intentions of marrying and adjusting status is visa fruad - can result in a lifetime ban from the US

Re-schedule your trip

Good luck

We already have married and filed the marriage certificate. Is it still necessary to stay?

[canadian_wife 1,827]

If you leave, you will not be able to enter the US on your expired F-1 visa. If admitted, you'd be admitted as a tourist. Entering as a tourist with intention of immigrating (which you clearly have) is visa fraud. This can carry a lifetime ban from the US

Good luck

[Andreas12 0]

If you leave, you will not be able to enter the US on your expired F-1 visa. If admitted, you'd be admitted as a tourist. Entering as a tourist with intention of immigrating (which you clearly have) is visa fraud. This can carry a lifetime ban from the US

Good luck

I see.. Thank you for the advice.

The bureaucratic process of legal statuses and visas has continuously confused and intimidated me, so I apologize for my ignorance.

Do you have an estimate of how long the process could be until I have a status that legally lets me leave the country without repercussions? and also an estimate of how much it could cost?

thanks to all of you for your tremendous help.

[Andreas12 0]

I am confused. Is my only option to stay in the US until I have a green card or leave the country and complete the legal process abroad before I can return?

[Harpa Timsah 13,258]

You "filed your marriage certificate?" What does that mean? Did you file your concurrent I-130/I-485 package? The thing Darnell linked you to? That is what you need to do. You will get your travel papers in about 3 months from submission and you can travel. If you leave the country BEFORE you do this, then you will ABANDON your application. Considering the application costs $1365, I would think you wouldn't want to do that. Furthermore, if you left the country before you got your travel papers (called Advance Parole) you would not be able to move back here until your wife filed a spousal application for a spouse abroad and that takes about 8-9 months.

The whole time to get your green card IF you stay here and wait is about 3-4 months. If you leave then you have to file a spousal petition (9 months apart), and if you try to come back and adjust then, you can face a lifetime ban for visa fraud and possibly misrepresentation.

You overstayed your student visa. You have no status. You are really lucky that you can get this paperwork and it only takes three months because you are married to a USC and did not intend to immigrate last time you entered the US. If you decide to leave the country instead, you can't do that anymore. You will wait outside the US for 9 months. If you filed it when you originally posted, you could be about a third of the way done for waiting time.

Darnell always says this is a "DIY" website... with emphasis on the "DO." Read what he linked you to above. Study it. Don't leave the US.

I am confused. Is my only option to stay in the US until I have a green card or leave the country and complete the legal process abroad before I can return?

Yes. Stay here. 4 months... Really... Then legal permanent resident and all the freedom you need.

[canadian_wife 1,827]

http://www.visajourn...tent/i130guide2

Follow the guides. Adjust your status without leaving the US - doing so can really complicate your case.

You may file your advanced parole (AP) travel document with your AOS packet, generally takes 90 days for that to arrive. You may travel with your green card or your AP

Good luck

[Andreas12 0]

thank you all for being so very very helpful.

Once I obtain a greencard, will my wife, myself or my joint sponsor be subjected to any restrictions for a given duration, such as not leaving the country, having to stay at a certain adresse, keeping a specific job, etc.?