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Filed: F-1 Visa Country: Venezuela
Timeline
Posted

I am a graduate student under an F1 Visa. Recently my boyfriend (an American Citizen) and I (a foreign Citizen) discovered we are pregnant. We wanted to get married a year from now , but this resent news accelerated every aspect of our lives. Thus, we need to get married soon. I was attending school 6 hours away from where my boyfriend lives (were we are living now) and for obvious reasons I won't be able to continue my graduate education until some time after the baby is born. I am supposed to return to classes on January 14th. Instead I am staying with my boyfriend to start a family. My question is: How much time do we have before getting married? Can we get married on February 14th or should we get married before that so I don't go out of status before filling the AOS?. In other words, is it ok if I just don't go back to classes and get married in the next 40 to 50 days? or will I have a "penalty" for going out of status before getting married?

Thank you in advance for your help.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

*** Moving from Student Visa to AOS from Student Visa as question is about the adjustment of status process ****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted (edited)

Follow the guide: http://www.visajourn...page=i130guide2

You can get married at any point you wish, but will only be able to file for AoS after you get married, once you have obtained a certified copy of your marriage certificate.

You will be out of status from the point at which your school terminates your status on SEVIS (which will probably be a few days after classes resume, they are very hot on this now) until you file for AoS. You can file for AoS whilst being out of status (as overstay is forgiven for immediate relatives of a US citizen) but being out of status makes you deportable.

Since ICE will know exactly where you are then I would not hesitate in marrying now and filing for AoS before your SEVIS registration is severed by your school; there have been cases here where F-1s were detained by ICE only a few weeks after they stopped going to school. This will not be a pleasant thing to happen, especially whilst pregnant.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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

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