F1 visa about to expire and want to get married....

[bairesgirl 2]

Hello everyone!!

I entered the US on an F1 student visa, i completed my course succesfully and for what i understand i have a 60 or 90 grace period to stay in the US once i graduated.

My american bf and I want to get married so then I can be able to apply for an AOS ( if possible), now my question is.... does it make any difference to get married before the grace period is over or after? if i overstay and we get married pretty soon after that and then apply for an AOS, what are the chances i ll get rejected when the time of the interview with inmigration comes??

Thank you so much and I hope somebody can help me on this, thanks a lot!!

bairesgirl

[RICARDO4EVA2 194]

Just seem that now since your F-1 status is expired and in a jam you turned to marriage.

[bairesgirl 2]

So that means i wouldn t be able to apply for an AOS?????? will this bring me issues with inmigration when i have the interview??, we have an inmigration lawyer that s willing to represent me... you think that can help??

Just seem that now since your F-1 status is expired and in a jam you turned to marriage.

[SweetApple08 2]

Hello everyone!!

I entered the US on an F1 student visa, i completed my course succesfully and for what i understand i have a 60 or 90 grace period to stay in the US once i graduated.

My american bf and I want to get married so then I can be able to apply for an AOS ( if possible), now my question is.... does it make any difference to get married before the grace period is over or after? if i overstay and we get married pretty soon after that and then apply for an AOS, what are the chances i ll get rejected when the time of the interview with inmigration comes??

Thank you so much and I hope somebody can help me on this, thanks a lot!!

bairesgirl

First of all you have 60 days grace period, where you can transfer to another school or move back home. If you marry a USC and adjust through marriage, USCIS doesn't really care if you are in status or not, but they do care if you were inspected by an immigration officer upon entry.

If you relationship is real and you know each other well + have prove of an ongoing relationship, it would not really matter when you get married. But to be on the safe side, I would marry ASAP.

Edited October 4, 2010 by SweetApple08

[RICARDO4EVA2 194]

So that means i wouldn t be able to apply for an AOS?????? will this bring me issues with inmigration when i have the interview??, we have an inmigration lawyer that s willing to represent me... you think that can help??

Yes it would help definitely. The person above is very careless in his/her response. It wouldn't being problems during the interview however prepare to back-up the reason why u got married after the visa was expired and within the grace period... I'm just saying.

You shouldn't have a problem long as your relationship is real.

N.B. - immigration does look at other things beyond did the person entering the usa with/without inspection. The most important is to question is the relation real and that any marriage done isn't to hop the u.s. Immigration laws.

[bairesgirl 2]

Thank you much for your fast reply!!

Yes a friend of mine told me that since I entered the US by plane, and was correctly inspected and everything I shouldn't have issues to apply for an AOS, he said it s complicated for those people who enter the US territory by land let s say or not properly checked ( say crossing the mexican border illegally for example)...

I feel better now, thanks for your help sweetapple08, I appreciate it.

[SweetApple08 2]

Yes it would help definitely. The person above is very careless in his/her response. It wouldn't being problems during the interview however prepare to back-up the reason why u got married after the visa was expired and within the grace period... I'm just saying.

You shouldn't have a problem long as your relationship is real.

N.B. - immigration does look at other things beyond did the person entering the usa with/without inspection. The most important is to question is the relation real and that any marriage done isn't to hop the u.s. Immigration laws.

Ricardo4eva2,

I am not sure how familiar you are with student visas, but an expired F-1 visa does not have anything to do with her immigration status, but her I-94 says D/S or Duration of Status, so she in legally present in US until she keeps on going to school and up to 60 after she completes her study/Optional Practical Training.

Her reason on getting married while on grace period is simple, could not live away from each other ) If they are in a real relationship, that would for sure be the truth. They probably have enough evidence showing an ongoing relationship.

Immigration looks really closely at how the person entered USA, if you enter USA illegally, then the USC will have to prove "hardship" in order for the illegal person to adjust their status. While this case is easier because of legal entry and legal stay in status from the part of the OP.

[SweetApple08 2]

So that means i wouldn t be able to apply for an AOS?????? will this bring me issues with inmigration when i have the interview??, we have an inmigration lawyer that s willing to represent me... you think that can help??

I think that you should actually look at this forum: Adjustment of Status from Work, Student, & Tourist Visas

There are many people who have adjusted from Student visas and visitor visas on their own without using a lawyer. I did all of my paperwork myself and with the help of VJ members, I adjusted from F-1 visa while married to LPR (not USC). See some experiences of others and then you can make your decision: lawyer or not; marriage in USA / long journey with K1 or K3 visas from back home.

At this forum, MAY 2010 there were several people who were on student visas (in status or out of status) who all adjusted their status no problem married to USC. http://www.visajourney.com/forums/forum/138-adjustment-of-status-case-filing-and-progress-reports/

Edited October 4, 2010 by SweetApple08

[bairesgirl 2]

Yeah sweet apple, I agree with you, that s what my friend told me, that when u enter here legally that helps to make the AOS, what i didn t mentioned is that my grace period ends now on thur Oct 7th so... unless we find a Justice of peace who can marry us tomorrow or wed,we would be getting married after the grace period has expired..... I hope this not cause any problems, we ll see, i haven t made my desition yet, have my tickets for wednesday and everything and I m between staying, getting married and take a risk and see if things go well or not... or... go back home, but i know if i go back home and start applying for the fiance visa process that takes a longgggggggggg time ( about 9 months i heard, plus all the hassle of countless medical exams, interviews, etc) and yes I wannabe with my bf, don t wanna leave him without knowing if we ll be able to be together anytime soon.

I wannabe with him but at the same I care a lot about not loosing my " 100 % clean inmigration/ visas resume... i ve lived in the US several times now ( working or studying) and i wouldnt like to be deported or banned from this country for yrs, that would make me very sad... so i m between taking the risk or... going back home and start as you said the long K1 journey... we ll see how things go,

Bairesgirl

I think that you should actually look at this forum: Adjustment of Status from Work, Student, & Tourist Visas

There are many people who have adjusted from Student visas and visitor visas on their own without using a lawyer. I did all of my paperwork myself and with the help of VJ members, I adjusted from F-1 visa while married to LPR (not USC). See some experiences of others and then you can make your decision: lawyer or not; marriage in USA / long journey with K1 or K3 visas from back home.

At this forum, MAY 2010 there were several people who were on student visas (in status or out of status) who all adjusted their status no problem married to USC. http://www.visajourney.com/forums/forum/138-adjustment-of-status-case-filing-and-progress-reports/

[Neal851 3]

Hi girl, first of all if u want to start OPT then u have to apply for EAD card before last day of school.After getting EAD card you have 90 days from starting date of your EAD card to register your OPT. Means you have to find any job to register your OPT with ur school.If you are not able to find any job then you can join any consultant who can give you a job in his compny or in other compny.Thus by paying some bucks to this consultant you can register your OPT. After registering your OPT you can live in USA as upto EAD ending date.This period usually has 12 months or 24 months,depends on ur course. By this way u can maintain your status. If u didn't apply for any EAD card then 2nd option is apply for any course in any school within 90 days to maintain your status.

As u entered on legal visa and after you live as a over stay upto 180 days then it will not be a problem. I heard that if u lived more than 180 days of over stay then it can create some problems.But at that time may be some waiver available to you. To be very clear i suugest you take some guides from any immigration lawyer. Some of them provide you free consultancy for 30 mins and some of them provide $100/hr.

Good luck