Urgent..need help..as I am going to be out off status

[patepn 0]

Hi,

I am married to permanent resident who has just paased citizenship interview but has to wait for 3 months to get Oath ceremony done/ to be citizen. I came in US on F1 then got H1b but now I have applied to change of status to F1 visa and mostly like that is going to denied in next 3 weeks on the ground that someone has already put my immigration file. I have approved I-130 that my spouse filed it for me but I can't apply for my change of status until my spouse get US citizenship. Now my question is. What would happen to me when my F1visa will be rejected (my h1b is cancelled already now)? What is the solution if I get deportation notice from USCIS? Plzzzzzzzzz advise me and help me. Thanks

...what if my COS rejected?

...IF I over stay then Would it problem for my future immigration and Employment?

...Suggest me anything you would like to.

[Drogs 24]

Recommend you look in Family & Marriage Based US Visa Immigration Discussion as this is for ROC/I-751 Filing.

Good Luck

[milimelo 4,564]

Moving to Bringing Family Members of LPRs as OP's spouse is not a USC yet.

[JimVaPhuong 4,863]

Hi,

I am married to permanent resident who has just paased citizenship interview but has to wait for 3 months to get Oath ceremony done/ to be citizen. I came in US on F1 then got H1b but now I have applied to change of status to F1 visa and mostly like that is going to denied in next 3 weeks on the ground that someone has already put my immigration file. I have approved I-130 that my spouse filed it for me but I can't apply for my change of status until my spouse get US citizenship. Now my question is. What would happen to me when my F1visa will be rejected (my h1b is cancelled already now)? What is the solution if I get deportation notice from USCIS? Plzzzzzzzzz advise me and help me. Thanks

...what if my COS rejected?

...IF I over stay then Would it problem for my future immigration and Employment?

...Suggest me anything you would like to.

You'll probably be out of status for at least a few months before your spouse becomes a US citizen. It won't affect your ability to adjust status. Immediate relatives of a US citizen don't need to have current non-immigrant status in order to adjust status and get a green card. It's highly unlikely they'll start removal proceedings against you in the meantime.

[Jojo92122 1,924]

You'll probably be out of status for at least a few months before your spouse becomes a US citizen. It won't affect your ability to adjust status. Immediate relatives of a US citizen don't need to have current non-immigrant status in order to adjust status and get a green card. It's highly unlikely they'll start removal proceedings against you in the meantime.

I agree and would like to add one little thing. While it is highly unlikely that they'll start removal proceedings, it doesn't mean that it can't happen.

This one poster with a US husband was adjusting from the VWP, and was detained for overstaying and is currently being deported. She was picked up at a bus stop. http://www.visajourney.com/forums/topic/335182-bad-situation/

While you are out of status, you are taking a chance. If you don't run into ICE, then all is good. IF you do run into ICE, you will be out of status with no possible way to adjust. This could create problems.

I am not trying to scare you. You need to know what the potential consequences are. Some people who are out of status do end up in deportation because of a random run in with ICE.

Edited October 22, 2011 by Jojo92122