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Filed: F-1 Visa Country: Swaziland
Timeline
Posted

Hi Beautiful Members,

I have a question that been and still bordering me very moment of my life.

To cut a long story Short, I got approved my F1 Visa in March 26, 2011, but since my school admission date was July 7, 2011 the Consulate told me that i couldn't travel more than 30days before school admission time. So i had about 90days before my time to travel to the US. In June 3rd, my sponsor got really sick, and had to be flied overseas for treatment. I got really confused because i had less than 35days to travel, i didnt know if i should cancel my trip to the US or not. A week later i got a call from an international number and it was my sponsor still overseas on his treatment, he told me that he spent alot of money for his treatment so he CANNOT pay for my tuition fee at that point in time, but he said he is getting better and he will go back to business and should be able to pay for my first year tuition. So he asked me to book my ticket for Virginia and wait at his friend's house while he recovers and send me the money for my tuition so that i could travel to Seattle where my College is.

So! i arrived in Alexandria, VA June 8th, and spoke to my Sponsor, he told me that he was discharged and headed back to my country the next day and he will give me a call in a week. I waited 2weeks without a thing from him, so i decided to call him, but he didn't pick up. So i called my dad, because my dad works for him. My dad told me that my sponsor got sick again and had to go overseas for treatment. So since then, his health didnt get any better and he is been backs and forward for treatment.

So thats my reason of not reporting for school and i was in Virginia, I met my wife about a month later and we got Married 5 months later ( in January 7th 2012). And now that am married, i really wanna be able to work and takecare of my wife. But i guess i can't tell i adjust my status.

Thats my story. but my question is:-

1.Will this be a problem when i want to adjust my status to Green Card in the future?

2. Will the USCIS ask me why didnt go to school in my interview, and if they did?

3. Will my story be enough to convince USCIS?

Please help me with you advices and what you think i need to do if there is any.

Thanks

Posted

1. Maybe.

2. Yes, they will.

3. We can't know.

Once you realized your sponsor couldn't pay for school you should have left the US. Instead you stayed here illegally and cruised around for an American wife. Why didn't you leave the US if your plans fell through? I think your relationship will be under a lot of added scrutiny because of this.

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

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

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Agree ^^^

Also, keep in mind that your school reported you for not showing up, that will be an issue

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: F-1 Visa Country: Swaziland
Timeline
Posted

I agree, i should have gone and honestly i really wanted to because it was never my plan to stay in any country illagally, and being restricted from your normal day to day life and freedom. But i didn't have any money to buy a ticket to go back and i do not have any relative in the US, i didn't know anyone in the US except my sponsor's friends, and i couldn't ask a stranger for help, My dad couldn't afford about $1500 dollars to get me a ticket, because thats alot of money in my country.So i tried all i could to get back but it just wasn't possible.

And just to respond to one of your statements @ Harpa, I did not Cruise around for an American Wife, if that was so, i would have been married straight away after we met. And as a matter of fact, we didn't meet in any dating site or anything and we were friends for a month and half before we date.

All been said, i know that i messed up, and trying to fix my mistakes is why i am here to seek for your advices.

Thanks in advance for your help

1. Maybe.

2. Yes, they will.

3. We can't know.

Once you realized your sponsor couldn't pay for school you should have left the US. Instead you stayed here illegally and cruised around for an American wife. Why didn't you leave the US if your plans fell through? I think your relationship will be under a lot of added scrutiny because of this.

Posted

So you met your wife a month after you arrived, and married five months later. You say you were were friends for a month and a half before you started dating. So you dated for three and a half months and then got married?

A CO may see it this way. I don't know you or your circumstance. Also, your country of origin may have an impact on this. If you filled in your profile you might get better help.

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

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

Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)

Certainly your story sounds like it was all a scam to get to the US.

So it is likely that the legitimacy of your marriage will be looked upon the same way to allow you to stay.

You were asked what country you came from.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Canada
Timeline
Posted

I have to agree, it all sounds very fishy. I am not accusing you of anything but be VERY prepared for difficult questions. You clearly traveled to the US without intentions of going to school (or even returning to your county), quickly married a woman and stayed for years. Outside looking in - you are in for a difficult journey

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Posted

I have to agree, it all sounds very fishy. I am not accusing you of anything but be VERY prepared for difficult questions. You clearly traveled to the US without intentions of going to school (or even returning to your county), quickly married a woman and stayed for years. Outside looking in - you are in for a difficult journey

Good luck

OP arrived June 8th 2011...how does that account for years?

....All your Negative Energy Feeds Cancer!


event.png

Posted

Hi Beautiful Members,

I have a question that been and still bordering me very moment of my life.

To cut a long story Short, I got approved my F1 Visa in March 26, 2011, but since my school admission date was July 7, 2011 the Consulate told me that i couldn't travel more than 30days before school admission time. So i had about 90days before my time to travel to the US. In June 3rd, my sponsor got really sick, and had to be flied overseas for treatment. I got really confused because i had less than 35days to travel, i didnt know if i should cancel my trip to the US or not. A week later i got a call from an international number and it was my sponsor still overseas on his treatment, he told me that he spent alot of money for his treatment so he CANNOT pay for my tuition fee at that point in time, but he said he is getting better and he will go back to business and should be able to pay for my first year tuition. So he asked me to book my ticket for Virginia and wait at his friend's house while he recovers and send me the money for my tuition so that i could travel to Seattle where my College is.

So! i arrived in Alexandria, VA June 8th, and spoke to my Sponsor, he told me that he was discharged and headed back to my country the next day and he will give me a call in a week. I waited 2weeks without a thing from him, so i decided to call him, but he didn't pick up. So i called my dad, because my dad works for him. My dad told me that my sponsor got sick again and had to go overseas for treatment. So since then, his health didnt get any better and he is been backs and forward for treatment.

So thats my reason of not reporting for school and i was in Virginia, I met my wife about a month later and we got Married 5 months later ( in January 7th 2012). And now that am married, i really wanna be able to work and takecare of my wife. But i guess i can't tell i adjust my status.

Thats my story. but my question is:-

1.Will this be a problem when i want to adjust my status to Green Card in the future?

2. Will the USCIS ask me why didnt go to school in my interview, and if they did?

3. Will my story be enough to convince USCIS?

Please help me with you advices and what you think i need to do if there is any.

Thanks

Do not allow you Visa expire while you are in the US. Look for any way possible to raise money for your flight ticket. Your wife can then file the proper papers for you once you get back home. DO not risk a re entry ban because it is definitely not worth it.

....All your Negative Energy Feeds Cancer!


event.png

Posted

Do not allow you Visa expire while you are in the US. Look for any way possible to raise money for your flight ticket. Your wife can then file the proper papers for you once you get back home. DO not risk a re entry ban because it is definitely not worth it.

The OP arrived June 8 and was to start school July 7 and never did. They have been out of status since at least July, which is more than 180 days now and means if they leave now they will get a 3-year ban.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Filed: Citizen (apr) Country: Canada
Timeline
Posted

OP arrived June 8th 2011...how does that account for years?

Ugh, June 2011 feels like YEARS ago for me :)

Sorry, typo. Months....MONTHS!!!

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I agree, i should have gone and honestly i really wanted to because it was never my plan to stay in any country illagally, and being restricted from your normal day to day life and freedom. But i didn't have any money to buy a ticket to go back and i do not have any relative in the US, i didn't know anyone in the US except my sponsor's friends, and i couldn't ask a stranger for help, My dad couldn't afford about $1500 dollars to get me a ticket, because thats alot of money in my country.So i tried all i could to get back but it just wasn't possible.

And just to respond to one of your statements @ Harpa, I did not Cruise around for an American Wife, if that was so, i would have been married straight away after we met. And as a matter of fact, we didn't meet in any dating site or anything and we were friends for a month and half before we date.

All been said, i know that i messed up, and trying to fix my mistakes is why i am here to seek for your advices.

Thanks in advance for your help

You could have gone to your country's embassy in the US and asked for assistance. It's one of their primary jobs to help stranded travelers.

Your story may very well be 100% truthful, but USCIS will undoubtedly be suspicious of it. They will probably suspect you entered the US with no intention of going to school, and every intention of becoming an immigrant. Their suspicion rises substantially if you come from a poor country, and rises again if you have relatives in the US. They won't deny your adjustment of status solely for suspicion of preconceived intent to immigrate, but it will cast serious doubts on the validity of your marital relationship.

Did you ever contact the school to let them know what was happening? This would be the logical thing to do for most people in that situation. If you didn't then that will increase their suspicion that you never intended to attend school.

I presume your dad is living in the US since you mentioned that he works for your sponsor. Is your dad a US citizen or LPR? I presume your dad never filed an I-130 for you or else you probably wouldn't have been approved for an F1 visa. A prerequisite for the F1, as with most non-immigrant visas, is that the applicant does not intend to immigrate. A pending I-130 would make it pretty clear that the applicant does intend to immigrate, and they prefer that immigrants receive an immigrant visa at a US consulate rather than adjusting status in the United States.

Be prepared to back up every aspect of your story with evidence. You'll also want as much evidence as you can possibly collect to prove your marriage is legitimate. Adjustment of status is a discretionary benefit, and there's a much higher chance they'll use their discretion to deny if the whole scenario smells like a setup.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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