out of status, married to a soldier

[hookim 0]

i am in the process of getting all my paperwork ready for i485 and i130 but wasn't sure what to put for some of the questions. I have been researching but couldn't find an answer.

So I came to the US with B2 visa in 2003. Then my mother got F1 and I got F2 within a few months and I went to 6th-12th grade with F2. Then in 2010, I got F1 visa and attended a university in Texas. And in 2012, I got married to an army and I stopped going to school as I was pregnant and had a baby on October of 2013. So I am currently out of status.

My question is:

A. Am I supposed to include a copy of my husband's and my military ID?

B. What am I supposed to write for my current USCIS status, unlawful staus? Out of status? Adjusting status? Or F1 overstayed?

C. What about the expiration date?

D. And my last question is which I94 to use. The one I got when I first came to the US? Or the later one, the one I got when I got my F1 visa approved? I94 numbers are different on both forms. Will I have to photocopy them all and send them along with the application?

[milimelo 4,568]

Moving to AOS from work, student, tourist visa as OP did not come in on K1 visa.

[sbai2000 31]

personally, i think when you are in this sort of situation, you should consult with an attorney. you don't want to make a mistake.

btw - my understanding is that you are out of status.

as far as expiration...i think this should be on your i94....im not sure if they do it any more but they used to put D/S for F1...i was once told that d/s (duration of status)meant you had to be adjudicated before a judge and he would state the date you went out of status. so there would not be an automatic expiration date like other types of visas. (you should be referencing your most recent I94).

i don't know if what i am saying is accurate or even current - just giving you my opinion....things change so quickly with US immigration law that i would really talk to a good attorney if i were you.

ps _ i am assuming your husband is a USC??? if he is not please, please talk to an attorney. I've definitely read cases of spouses of US soldiers being deported.

best of luck.

[Harpa Timsah 13,258]

i am in the process of getting all my paperwork ready for i485 and i130 but wasn't sure what to put for some of the questions. I have been researching but couldn't find an answer.

So I came to the US with B2 visa in 2003. Then my mother got F1 and I got F2 within a few months and I went to 6th-12th grade with F2. Then in 2010, I got F1 visa and attended a university in Texas. And in 2012, I got married to an army and I stopped going to school as I was pregnant and had a baby on October of 2013. So I am currently out of status.

My question is:

A. Am I supposed to include a copy of my husband's and my military ID?

B. What am I supposed to write for my current USCIS status, unlawful staus? Out of status? Adjusting status? Or F1 overstayed?

C. What about the expiration date?

D. And my last question is which I94 to use. The one I got when I first came to the US? Or the later one, the one I got when I got my F1 visa approved? I94 numbers are different on both forms. Will I have to photocopy them all and send them along with the application?

A. No.

B. F-1 overstayed.

C. The last expiration date you had.

D. Your latest I-94.

[teanet 20]

I am also married to soldier so I know little bit about it. Include his military orders in every package you will make. If you will need help from phone line there is special number for military. Check the link I am including. http://www.military.com/daily-news/2013/11/20/policy-ends-deportation-of-troops-families.html?ESRC=dod.nl . I don't know where your husband is stationed but where I am, we have once a week immigration officer on post to help military families.

[hookim 0]

Thank you for the answers and advice!

One more question.

What if my student visa's i-94 says duration of stay for expiration date? My i-20 says my visa is valid till 05/2014 but i stopped attending school after spring 2013 thus it is no longer valid. My visitor visa's i-94, which i got when i first came to the US, does have the expiration date of November 2003. Should I write D/S or November 2003?

[Harpa Timsah 13,258]

D/S.

[sbai2000 31]

t

Thank you for the answers and advice!

One more question.

What if my student visa's i-94 says duration of stay for expiration date? My i-20 says my visa is valid till 05/2014 but i stopped attending school after spring 2013 thus it is no longer valid. My visitor visa's i-94, which i got when i first came to the US, does have the expiration date of November 2003. Should I write D/S or November 2003?

Forget about your first 194 - that was trumped by the latest one you got. its invalidated..it has no meaning anymore.

But you are lucky the new one says D/S because "technically" it has not expired - since you have no specific expiration date.

So when you are asked for expiration date put d/s.....and I am pretty, pretty sure you are not an F-1 overstay if you have D/S and you have not been adjudicated.

(anyway, immediate relatives of USC are forgiven visa violations, as long as you came in with inspection...which you were.)

[DC85 113]

Forget about your first 194 - that was trumped by the latest one you got. its invalidated..it has no meaning anymore.

But you are lucky the new one says D/S because "technically" it has not expired - since you have no specific expiration date.

So when you are asked for expiration date put d/s.....and I am pretty, pretty sure you are not an F-1 overstay if you have D/S and you have not been adjudicated.

(anyway, immediate relatives of USC are forgiven visa violations, as long as you came in with inspection...which you were.)

[hookim 0]

@sbai2000, what would my current uscis status be if not f-1 overstay?

[coolchicn 5]

@sbai2000, what would my current uscis status be if not f-1 overstay?

Just write 'F-1'. That is your status. They will figure out the rest. Don't make it more complicated than it is. You're not the first and won't be the last.

Same situation and so far, no issues