adjusting f1 status through marriage

[amourfranc3 0]

Hello, I am new here so excuse me if some of my terms are incorrect. I am currently married to my husband, who came here legally on an F1 visa. He fell out of studies before we were married, and we are now almost finished(just waiting on sponser to finish his papers). Unfortunately, he was pulled over for a traffic violation, his license was suspended, and they took him to jail. From there, they discovered that he has overstayed his visa. He is now in a detention facility waiting to speak with an immigration judge. We have an attorney, and I am currently waiting to here back from him with his input and information regarding this situation. I am not able to speak with my husband, and the people at the detention facility can't give me any information.

I am just curios as to if anyone has been in this situation, or know any information about it. Will his overstay be forgiven due to the fact that he is currently adjusting his status through marriage? Or will he be deported?

Any information helps, and again, I am new here, if this topic has already been covered, I would appreciate a link to the original post.

Thank you so much

[Newbie608 103]

Hello, I am new here so excuse me if some of my terms are incorrect. I am currently married to my husband, who came here legally on an F1 visa. He fell out of studies before we were married, and we are now almost finished(just waiting on sponser to finish his papers). Unfortunately, he was pulled over for a traffic violation, his license was suspended, and they took him to jail. From there, they discovered that he has overstayed his visa. He is now in a detention facility waiting to speak with an immigration judge. We have an attorney, and I am currently waiting to here back from him with his input and information regarding this situation. I am not able to speak with my husband, and the people at the detention facility can't give me any information.

I am just curios as to if anyone has been in this situation, or know any information about it. Will his overstay be forgiven due to the fact that he is currently adjusting his status through marriage? Or will he be deported?

Any information helps, and again, I am new here, if this topic has already been covered, I would appreciate a link to the original post.

Thank you so much

I don't think he'll get deported especially since he's married and about to adjust status....driving while suspended will probably be minor.

All the best but it's not that serious

[amykathleen2005 441]

How long after he stopped his studies did you get married?

[Newbie608 103]

Hello, I am new here so excuse me if some of my terms are incorrect. I am currently married to my husband, who came here legally on an F1 visa. He fell out of studies before we were married, and we are now almost finished(just waiting on sponser to finish his papers). Unfortunately, he was pulled over for a traffic violation, his license was suspended, and they took him to jail. From there, they discovered that he has overstayed his visa. He is now in a detention facility waiting to speak with an immigration judge. We have an attorney, and I am currently waiting to here back from him with his input and information regarding this situation. I am not able to speak with my husband, and the people at the detention facility can't give me any information.

I am just curios as to if anyone has been in this situation, or know any information about it. Will his overstay be forgiven due to the fact that he is currently adjusting his status through marriage? Or will he be deported?

Any information helps, and again, I am new here, if this topic has already been covered, I would appreciate a link to the original post.

Thank you so much

Also try mailing your package ASAP

[amourfranc3 0]

How long after he stopped his studies did you get married?

I would have to say a month, give or take a week. Thank you for the input! It puts my mind at ease, even if for a moment.

Also try mailing your package ASAP

And what package do you speak of? We are filing our papers through an attorney, so I have no idea what's going on. My husband takes care of all of that ha. :/

[Newbie608 103]

I would have to say a month, give or take a week. Thank you for the input! It puts my mind at ease, even if for a moment.

And what package do you speak of? We are filing our papers through an attorney, so I have no idea what's going on. My husband takes care of all of that ha. :/

How long as he been out of status? Package is the forms and supporting documents to send to Uscis...If he gets married right after he quit studying then that would be a red flag and could possibly cause problems...Were you guys dating for awhile before him being out of status or getting married?

[amourfranc3 0]

How long as he been out of status? Package is the forms and supporting documents to send to Uscis...If he gets married right after he quit studying then that would be a red flag and could possibly cause problems...Were you guys dating for awhile before him being out of status or getting married?

Oh, like I said, we have an attorney taking care of all of that. And we were dating for about a year before we got married.

[Hypnos 6,578]

At the hearing the immigration judge will likely give him the opportunity to file for AoS.

For people in removal proceedings, the immigration judge has exclusive jurisdiction to adjudicate any I-485 (AoS) application that they make. However, they cannot adjudicate the I-130, and so that has to usually be filed first with USCIS, approved by USCIS, and then you file the I-485 with the judge based on the approved I-130.

If you already have an immigration lawyer than they are the person you should be asking about all of this.

[amourfranc3 0]

At the hearing the immigration judge will likely give him the opportunity to file for AoS.

For people in removal proceedings, the immigration judge has exclusive jurisdiction to adjudicate any I-485 (AoS) application that they make. However, they cannot adjudicate the I-130, and so that has to usually be filed first with USCIS, approved by USCIS, and then you file the I-485 with the judge based on the approved I-130.

If you already have an immigration lawyer than they are the person you should be asking about all of this.

Okay, so I'm a little confused? Will he be able to stay in the US to finish his papers, or will he be deported? I'm only posting on here because I cannot get in touch with his lawyer.

[Hypnos 6,578]

Since he has an avenue towards legalisation (AoS through the marriage to you) then it's unlikely he would be deported, provided he communicates this information to the immigration judge and ICE.

[amourfranc3 0]

Since he has an avenue towards legalisation (AoS through the marriage to you) then it's unlikely he would be deported, provided he communicates this information to the immigration judge and ICE.

Thank you so much for your input, as well as everyone else's

[ceadsearc 516]

He should be able to stay. When (and whether) he can be bonded out of the detention facility is another matter.

[amourfranc3 0]

He should be able to stay. When (and whether) he can be bonded out of the detention facility is another matter.

?? Can you please explain?

[dm559 34]

I wouldn't wait for the affidavit of support. You can file the I-130 separately and in doing so and getting it approved will increase the chances of him being able to stay. At the very least at least ahve the receipt showing you filed the I-130.