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immifrustration Rookie

immifrustration   0

Posted
Filed: F-1 Visa Timeline
Posted

Hi Everyone. I'm about to embark on this journey of AOS and it seems rather frightening so I'm here for some advice. First off, here's my story:

I entered USA legally on an F-1 visa for undergraduate studies and overstayed my VISA upon graduation. I've married a US citizen about a year ago and we are thinking of applying for AOS. My first question is that if I have a chance of succeeding in the AOS because of the overstay. the duration of the overstay is 3.5 years. I have been reading that overstay due to VWP have been routined denied in recent months and I'm wondering if this also applies to non-immigration visas such as the F-1? if anyone can shed some light on this, it will be greatly appreciated.

I'm also wondering if I need to get a lawyer in order to help me on this case due to the situation with overstay. Based on the information I've been reading, some people advice getting a lawyer if there's any form of complication such as overstay while others say that overstay is usually overlooked in marriage AOS cases. I'm wondering which one of these applies more to my specific circumstances.

Thanks for reading through this and any feedback is greatly appreciated.

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Overstay is irrelevant/forgiven for spouses of US Citizens. VWP is not a visa at all, hence the problems with it. You entered on a valid visa. Totally different animal, and no need to compare yourself to them. No lawyer is needed for overstay issues alone, although I don't know if there are other issues with your case (crimes, misrepresentation) that might warrant a lawyer, or how detail-oriented you are for filling out forms and following instructions :) Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Maxximus1074 Enthusiast

Maxximus1074   14

Posted
Filed: Lift. Cond. (pnd) Country: Germany
 Timeline
Posted

Though it doesn't matter, but..... when did your Visa expire after you graduated? May be even less then 3.5 years....

BUT ... like Harpa already said - do not worry a thing if you have no crime to your name.

Why? I can tell you from my own experience - I came to the US on a F-1 in the summer of 2000, got to know a girl in 2002, got married in 2004 with my visa expired in May 2005 - alas, my ex-wife was unable to fill out all the paperwork right a way, the marriage turned sour, eventually separated and divorced in 2010 - during my separation I fell in love with my now wife, she knew about my situation and because love conquers all we went on the immigration journey together.

During my interview yesterday the immigration officer (IO) verified my ex-wife's name and when I separated from her, when the divorce was finalized. She asked if there was any filing towards AOS during my first marriage which I declined. the IO then "hmmm-ed" neutrally and went on to the next set of questions (the yes/no on the I-485).

So basically I was out of status here in the US for 5 1/2 years - and there was no comment on it from any officials.

Good luck on your AOS journey!!

Maxximus

10/13/2010 - Mailed in The Package (AOS, I-765, I-130)

10/17/2010 - USPS confirms delivery to USCIS

10/25/2010 - Check cashed

10/26/2010 - All applications been worked on aka touched

10/28/2010 - NOA1 Receipts for applications received

11/24/2010 - Received appointment for biometrics in the mail for 12/17 *yay*

12/17/2010 - 9.25 a.m. - 9.45 a.m. Biometrics done !!

12/23/2010 - EAD Approved and Card on its way - Email notification received *yay*

01/03/2011 - WOOOHOOO ...EAD Card in Hand!

01/04/2011 - Oh boy....Received Interview Letter today - February 3rd is the day! :)

02/03/2011 - Interview scheduled 12:45 p.m. - out of there before 1:30 p.m. - further review

Coming home, checking for touches at 5:30 p.m. - CARD PRODUCTION ORDERED !!!!

Thank you All on Visajourney for your inputs, experiences and thoughts!!!

02/09/2011 - Yup another e-mail saying that my card production was ordered.

02/10/2011 - E-mail notification "Approval letter was sent today"

02/14/2011 - Welcome Letter / Approval NOA and Card (separate envelope) received!!! :D

Late November 2012 (have to look up my receipts ;) - mailed in ROC I-751

12/12/2012 - NOA 1, status extension received

12/18/2012 - Biometrics appointment letter received

01/08/2013 - Biometrics done

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Maxximus1074 Enthusiast

Maxximus1074   14

Posted
Filed: Lift. Cond. (pnd) Country: Germany
 Timeline
Posted

Thanks for the helpful and encouraging replies. There are no complicated issues like criminal records or anything close to that. I will proceed with the AOS filing myself. Thanks again for the helpful and encouraging messages.

Anytime...feel free to post with further questions (am sure there's some here and there ;) )

10/13/2010 - Mailed in The Package (AOS, I-765, I-130)

10/17/2010 - USPS confirms delivery to USCIS

10/25/2010 - Check cashed

10/26/2010 - All applications been worked on aka touched

10/28/2010 - NOA1 Receipts for applications received

11/24/2010 - Received appointment for biometrics in the mail for 12/17 *yay*

12/17/2010 - 9.25 a.m. - 9.45 a.m. Biometrics done !!

12/23/2010 - EAD Approved and Card on its way - Email notification received *yay*

01/03/2011 - WOOOHOOO ...EAD Card in Hand!

01/04/2011 - Oh boy....Received Interview Letter today - February 3rd is the day! :)

02/03/2011 - Interview scheduled 12:45 p.m. - out of there before 1:30 p.m. - further review

Coming home, checking for touches at 5:30 p.m. - CARD PRODUCTION ORDERED !!!!

Thank you All on Visajourney for your inputs, experiences and thoughts!!!

02/09/2011 - Yup another e-mail saying that my card production was ordered.

02/10/2011 - E-mail notification "Approval letter was sent today"

02/14/2011 - Welcome Letter / Approval NOA and Card (separate envelope) received!!! :D

Late November 2012 (have to look up my receipts ;) - mailed in ROC I-751

12/12/2012 - NOA 1, status extension received

12/18/2012 - Biometrics appointment letter received

01/08/2013 - Biometrics done

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