Trying to figure out-Looking for HELP!

[turta 0]

Hi All,

I've just registered to VJ and I have been reading the forums and guides for a while now.

I will appreciate any guidance and help about my situation.

Here is my situation with the time line:

August_____2 2009 :arrived US with F-1 Visa (PhD Program)

January___11 2010 :started working part time at University Research Center

January___15 2010 :Met my wife.

January___20 2010 :Started dating

May_______13 2010 :End of Final exams at school, During summer did not take any classes but continued to work at research center.

June______08 2010 :She moved in and we started living together. At the time she was separated for several years.

June______xx 2010 :We decided to get married.

July______xx 2010 :She filed for divorce.

August____17 2010 :Last day I worked at the research center.

August____17 2010 :Registered classes for Fall 2010. Started classes.

August____20 2010 :My advisor told me that they won't be able to arrange a scholarship for me and I need to pay.

August____26 2010 :Dropped classes

September_xx 2010 :Talked to international student advisors and they told me that they will report to USCIS (I guess) that I am out of status due to not taking classes that semester and I can apply for reinstatement of F-1 status in 5 months. I did not consider this option due to our marriage plans.

October___13 2010 :Divorce Finalized

November__19 2010 :We got married.

Now the questions:

1. Apparently I am now out of status. But for how long? I talked to a lawyer and he told me that the time starts after the last day I was in class.

I registered for fall and was in class for the first week but after finding out that I am not getting scholarship I dropped. So I am not really sure which one counts.

a) If that does not count then, do they count the previous semester or, the last day I was working for school?

b) If they take the last day as May 13 2010, will I be banned for 3 years, would that effect my "Adjustment Of Status" application?

2. My wife is US citizen (naturalized), but she is not working at the moment and she is a student too, my brother in law told me that he can sponsor me in addition to my wife.

Being that he is "my" brother in law, would that look bad in some way or hurt our application?

3. What should be the steps and what procedures we must follow?

Looking forward to your advice.

Thank you in advance.

Edited December 12, 2010 by turta

[JimVaPhuong 4,863]

F-1 students are usually give 60 days to depart after their classes or OPT ends before they are out of status. I would guess your 60 days began when the school notified USCIS that you dropped out.

You get a ban if you overstay by at least 180 days AND you leave the US. As long as you don't leave the US then there will be no ban. You can adjust status. Your wife will need to submit an I-130, and you'll need to submit an I-485, along with a bunch of other documents and evidence. From your description, she'll need a joint financial sponsor.

You can begin your research here:

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

[cookieandcream 10]

2. Absolutly not