Married in the USA,had baby and had to leave before applying to GC

[BzmommytoAmerican 8]

Fall semester

[LIFE'SJOURNEY 970]

Fall semester

You have not been in school since Sept 2011, your baby is 5 months old, so you completed the Spring semster in 2011.

[BzmommytoAmerican 8]

Yes

[alizon 77]

It's nearly January, so are you enrolled for Spring 2012?

[LIFE'SJOURNEY 970]

Yes

Since this is the end of the fall semster, the Univ, probably have sent in their information on non-register students. You had 30 days to leave or change status if you are not registered for classes. Your OOS(out of status) status would have started the 1st of Nov.

Your USC husband needs to get started on the 130 petition. BTW, there seems to be more to this story, but un-neessary for what you needs to do. A petition needs to be filed for a spouse visa.

Good luck.

[BzmommytoAmerican 8]

More to this story? What are you trying to say?

[Darnell 8,478]

yes I should have but as stated on my first post due to pregnancy complications and then health issues my daughter had this was the last thing on our mind.

How do I file expedite? My husband cannot stay without his daughter for that long neither can she stay without her treatments there.

assumption - I-130 not submitted yet.

ON THE TOP OF THE I-130 pile, you put in a letter, requesting the expedite. Use 2 or 3 paperclips to keep it at the top of the pile. Then, on the outside of the mailing packet - write it big red letters - EXPEDITE I-130, USCitizen daughter is ill.

---

IMO/E, this is the fastest way to get the expedite done. Don't wait to ask for it after the I-130 is filed, as there's a different queue altogether.

Good Luck !

[LIFE'SJOURNEY 970]

More to this story? What are you trying to say?

You made a rash decision without thinking about all of the issues involved and ran back to Brazil. Now that you have had time to calm down, you what to rush back to the US. Again, you haven't thought out this process. You keep leaving out the main fiqure out of the onversation, the USC.

[LIFE'SJOURNEY 970]

assumption - I-130 not submitted yet.

ON THE TOP OF THE I-130 pile, you put in a letter, requesting the expedite. Use 2 or 3 paperclips to keep it at the top of the pile. Then, on the outside of the mailing packet - write it big red letters -

EXPEDITE I-130, USCitizen daughter is ill.

---

IMO/E, this is the fastest way to get the expedite done. Don't wait to ask for it after the I-130 is filed, as there's a different queue altogether.

Good Luck !

Will need supporting evidence, again Darrell is making a big assumption.

[Leatherneck 693]

Students that fall out of status for reasons beyond their control may be eligible to apply for a reinstatement of status.

Contact your school admin to get your updated status in the SEVIS database, you need to know what the school has reported to USCIS

about your status well before you spend money and get on that plane in an attempt to use your F1 visa.

You made a rash decision without thinking about all of the issues involved and ran back to Brazil. Now that you have had time to calm down, you what to rush back to the US. Again, you haven't thought out this process. You keep leaving out the main fiqure out of the onversation, the USC.

[bdawn 66]

I am new here and need some help.

I have been living in the US since september 2005 when i went as an au pair did that for two years got into college and was with an F-1 visa until I married my husband in may 2011. I had complications with my pregnancy and our baby was born july 2011 with some health issues and a lot of hospital stays so I did not send my papers in. Now december my daughter was addmited again and my mother was really sick so i had to leave the US with my daughter in the hopes of getting a second opinion and help with her issue. I called the costumer service hotline before i left and explained my situation. They said my husband would have to file the I-130 petition, wait to be approved and then the consulate would call em for an interview. Well they never said that i would have to do my green card journey here and that it could take up to 5 months. I really did not want to take my daughter away from her dad for that long. Since i am married in the US and have a US CITIZEN DAUGHTER is it possible that my process could be faster? we were living together since december 09 in the same house , have cars and other things in our names. How do I go from here? Have him file the I-130 and then what kind of visa would i be getting? the greencard would be sent to my house in the US or I would receive it here?

Thank you

The fact of whether or not you are out of status regarding your student visa cannot be verified by anyone here on visa journey. I would suggest you contact the International Student's office of your college. I don't think you are out of status since you notified the school of your situation. But to be certain, get in touch with the school. Once you find out you're not out of status, get on a plane and come here. If you're out of status, you're still eligible and can work with the international student's office to restore your status since you notified the college of your situation earlier. Don't waste anymore time take that step now. Once here, you can file for adjustment of status. Equally important, let your husband files i-130 for you…end of story. We had a son together who was born in the U.S but it never exerted any significant influence in terms of expediting the process and yours will not be any different.

Edited December 18, 2011 by benanddawn

[newlyweds2010 208]

I feel like I was fooled by the person that gave me the first info on the uscis costumer service number. They made it seem like was going to be super simple. Omg if I knew even though my mother was really sick I would not have left.

It is super simple. It is also super slow. Did you ask the customer service representative how long it would take, or did you just assume that it would be a matter of days?

[BzmommytoAmerican 8]

Not days. But like a month or two.

[canadian_wife 1,822]

Ok - as a former F-1 student I am pretty sure you are 'out of status'. You are not permitted to take a leave of absence and then leave the country. To confirm, please call the International Student officer or DSO at your school - this will tell you what your current status is with that F-1

Your husband needs to file the spousal visa assuming you are, in fact, out of status. This will take months (and not a few either, it took us 10 months) assuming no expedite can be found. Your child is a USC, permitted to travel freely to the US - you must prove why YOU must also go with her

Good luck - keep us posted

[Boiler 45,558]

F1 is a non immigrant visa.