New to this situation! What happens in my case?

[Newbie11 0]

Also doesn't out of staus means no job, so waiting around for 1 year or more, no job, no school. what will you do?

I have a husband that provides for me

[Newbie11 0]

I am sorry but you guys are ALL WRONG. Some non-immigrants entering the US with a "D/S" on their I-94, which is the case for F-1 visa holders, DO NOT automatically start "unlawful presence" from the date they become out of status. An out-of-status student starts accruing "unlawful presence" ONLY after USCIS or an Immigration judge OFFICIALLY determines that he/she is out of status, and the accrual of unlawful presence starts ON the day it is determined.

Out of status IS NOT the same as unlawful presence for some classes of non-immigrants.

Yes my I-94 does say D/S and my visa is valid for another year, however my F-1 has expired and I filed for I-130 right after my graduation.

[JimVaPhuong 4,863]

I am sorry but you guys are ALL WRONG. Some non-immigrants entering the US with a "D/S" on their I-94, which is the case for F-1 visa holders, DO NOT automatically start "unlawful presence" from the date they become out of status. An out-of-status student starts accruing "unlawful presence" ONLY after USCIS or an Immigration judge OFFICIALLY determines that he/she is out of status, and the accrual of unlawful presence starts ON the day it is determined.

Out of status IS NOT the same as unlawful presence for some classes of non-immigrants.

You are correct, but there's a good chance USCIS already knows about her status. An I-130 was filed on her behalf. I can recall at least two other cases where this has happened. The I-130 triggered a routine check of the beneficiary's immigration status, they determined the beneficiary was no longer enrolled in school, and they began to accrue unlawful presence.

[Export of Dhaka 8]

You are correct, but there's a good chance USCIS already knows about her status. An I-130 was filed on her behalf. I can recall at least two other cases where this has happened. The I-130 triggered a routine check of the beneficiary's immigration status, they determined the beneficiary was no longer enrolled in school, and they began to accrue unlawful presence.

This means nothing. USCIS must issue an NTA charging the alien with violation. Just "knowing" means nothing.

Edit: Also, I am not saying OP will be okay to file 485 once her PD becomes current. All I am saying is that at this point she has not accrued even one day worth of unlawful presence.

Edited June 30, 2011 by Export of Dhaka

[Export of Dhaka 8]

Yes my I-94 does say D/S and my visa is valid for another year, however my F-1 has expired and I filed for I-130 right after my graduation.

You are okay as of right now but you are at a great danger of being caught and cause further delay in getting the GC. If you get caught and put in removal proceedings, you won't be able to get a relief from deportation since your spouse is not a USC.

Even if you stay under the radar and file 485 once your PD is current, USCIS can still put you in removal proceedings before they adjudicate your AOS.

[Sirach123 2]

If your graduation was more than 180 days ago, meaning if you accumulated more than 180 days of unlawful presence, the only thing you can do, really, is to stay put and out of trouble until your husband becomes a US citizen. That would be approximately one year from now.

If you have no accumulated 180 days of overstay yet, returning to the Ukay 'til then is a viable option as you would not trigger the 3-year bar fro unlawful presence over 180 days.

Good luck.

For me this is the best option. My daughter has a similar case. When her I-130 was approved she was advised outright that she can't file for adjustment of status. I agree too this is not a perk for LPR like me.