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dureva

my boyfriend proposed to me with 1 more month left on OPT and an expired passport

By dureva in Adjustment of Status from Work, Student, & Tourist Visas

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dureva Rookie

dureva   0

Posted
Filed: Lift. Cond. (apr) Country: Bulgaria
 Timeline
Posted

Hi everybody,

I met my boyfriends in college about 3 years ago and we have been living together for over a year now. I entered the US 5 years ago on F 1 Visa and after I graduated college I got the1 year OPT extenuation. My OPT expired last week and now I am taking advantage of the 2 month grace period that I got after my OPT expired. My passport also expired on July 3rd. My boyfriend proposed to me and now we are trying to find the best way to approach this situation.

I know that I need to have a valid passport in order to fill out all the paperwork, but I will have to go back to my homecountry to get that passport (If I try to get one through one of the embassies here in the US, the procedure takes about 4 months and I am not sure if I could stay here with my expired visa for that long). I was wondering if I go home and get my passport if I would be able to come back to the US and apply for the marriage paperwork from here.

Also I was wondering if it matters where my boyfriend and I get married and where the interviews take place.

I would really appreciate any advice or suggestions.

Thank you!

canadian_wife Grand Master

canadian_wife   1,827

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Probably not, it is visa fraud to enter the US as a tourist, as you probably would need to do if your OPT expired, with intentions of immigrating.

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

Protocol417 Community Regular

Protocol417   161

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

Whether you go home and file for a K-1 (fiancee visa), or get married now and file for a CR-1 (spouse visa), it doesn't matter, you will have to return to your "home" country and wait for the visa either way. You wouldn't be able to stay in the US without jeopardizing your application and risking deportation.

Met in person for the first time: April 23, 2011 in Docklands, London, UK
Engaged: October 29th, 2012 at the John Hancock Building in Chicago, US

Filed K-1 visa application: April 4, 2013
Received text/email notification: April 12, 2013
Received NOA1 in mail: April 17, 2013
Received NOA2 text/email: August 6th, 2013 (at 9:45pm!)

NVC received packet: August 30th, 2013

Beneficiary rcvd "Packet 3" instructions: September 13, 2013

Embassy rcvd completed "Packet 3": September 24, 2013

Police certificate rcvd: September 27, 2013

Medical Appointment: October 2, 2013

Medical Received at Embassy: October 17, 2013 (delay due to request for further info)

Embassy appointment/Visa Approved!!!: November 21st, 2013

VISA RECEIVED!!!: November 28th, 2013

Beneficiary Arrived!!!: December 5th, 2013

Married December 22nd, 2013

Filing to POE: 8 months, 1 day

Filed AoS application: April 5th, 2014

Received NOA1 in mail: April 11th, 2014 (no text/email)

Received NOA2 in mail: September 2nd, 2014 (still no text/email)

Separated: September 2015

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Whether you go home and file for a K-1 (fiancee visa), or get married now and file for a CR-1 (spouse visa), it doesn't matter, you will have to return to your "home" country and wait for the visa either way. You wouldn't be able to stay in the US without jeopardizing your application and risking deportation.

That's not true. The OP can do this: http://www.visajourney.com/content/i130guide2

OP: You can marry now and stay if that is what you want. You don't need a valid passport to file for an Adjustment of Status.

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

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

olsan3 Enthusiast

olsan3   8

Posted
Filed: AOS (apr) Country: Nigeria
 Timeline
Posted

Whether you go home and file for a K-1 (fiancee visa), or get married now and file for a CR-1 (spouse visa), it doesn't matter, you will have to return to your "home" country and wait for the visa either way. You wouldn't be able to stay in the US without jeopardizing your application and risking deportation.

That is not true...

your application would not be jeopardized if you adjust on an expired visa/ OPT

and you dont 'have' to return to your home country

i do not know much about the passport situation. I assume its not necessary. You can just send them a copy of the passport you have right now... the one with the stamped F1 visa.

AOS FROM F1

Met -January 8th, 2011

Married - February 1st, 2013

5/29/2013 - Mailed AOS Package to Chicago Lockbox

6/03/2013 - Package Received.

6/06/2013 - Check Cashed.

6/07/2013 - Receipt Date on NOAs - Transferred to National Benefits Center.

6/11/2013 - Received Hard copy NOAs.

6/14/2013 - Biometrics Appointment Notice.

7/08/2013 - Biometrics Done and Successful in Baltimore.

7/17/2013 - I-485 status updated to "Testing and Interview".

8/07/2013 - Interview Notice Received.(online/text).

8/08/2013 - Interview Notice Received.(Mail).

8/09/2013 - EAD Approved.

8/17/2013 - EAD Received.

8/22/2013 - SSC Received.

9/12/2013 - AOS Interview - Further Review needed.

10/03/2013 - AOS APPROVED!!!
10/15/2013 - GC Received.

.....till 2015.

30/09/2015 - Mailed ROC Package to Vermont Lockbox

09/11/2015 - Biometrics Taken in Baltimore

19/08/2016 - RFE received

12/10/2016 - RFE response package sent.

04/11/2016 - ROC APPROVED!!!

25/11/2016 - GC Received.

richinlove Explorer

richinlove   2

Posted
Filed: Timeline
Posted

our suggestion is not to go home! my personal suggestion is that u stay and start the process from here, it will be alot more cost effective and u would not be seperated from your boyfriend. so if u get married now and at the same time apply for the passport, its a great possibility that u can get it just in time for your aos interview!

have u noticed that the k1 visa takes from 6-9 months if not more! r u willing to risk being away from your boyfriend that long, i for sure wouldnt be able to manage without him for a day!

finally, i dont recommend going back to your country jus for the passport, it all can be done from here.

how would u even get home, u do need a valid passport to travel!

newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

I don't think you need a valid passport. (However, you may need a valid ID to go some places; and your passport might be your only ID.)

No matter how long you stay here out of status, it will not affect your green card application.

It does not matter where you get married. You will get interviewed at the office nearest to your address.

mymarriagejourney Community Regular

mymarriagejourney   113

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted

Stay here and file an Adjustment of Status. It's faster.

07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

 
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