F-1 Out of status - need advice

[fifthnormal 0]

I am an F-1 student whose SEVIS record was terminated a few months ago. I let myself go out of status because I got married and thought my wife would get me a green card. Well, it didn't work, and now I want to go back to school. My school readmitted me, but I can't do reinstatement because I can't afford to wait. So I need to go back to my home country to get a new F-1.

I was told to bring evidence of my marriage and that it was genuine, but I can't really do that. I was told that I might not be able to get my F-1 because I terminated my original status.

What are the chances this would happen? Does it seem likely? Thanks.

[Boiler 45,532]

Not sure if the marriage and its validity is that relevant.

But you are correct there are two possible results from a Visa application.

[kzielu 1,149]

Think it's very likely. You had obvious immigrant intent and are applying for nonimmigrant visa.

[fifthnormal 0]

I was told to bring evidence of my marriage because the reason I abandoned my F-1 status is because I got married. But my marriage didn't work, my wife won't file paperwork for me to sponsor me, and now I need to return to my home country to get another F-1 to go back to school. They said to bring evidence that I had a good faith marriage so that I could get my F-1 visa.

Are you saying that this won't work and they won't let me go back to my original F-1 status by giving me a new F-1 visa? I've only been out of status a short period of time.

[Boiler 45,532]

Who is they?

[fifthnormal 0]

The international office at my school and an immigration attorney. But they didn't say what my chances were, they just said to bring it to explain why I was out of status originally.

[Boiler 45,532]

Can not do any harm.

It is not principally a chance based process.

[fifthnormal 0]

Boiler - so do you think that I'm in bad shape here? What's your assessment? You've been somewhat guarded in your response.

[dsohere 0]

Hello,

You are in a difficult situation. It is always a good idea to maintain F-1 status until a greencard is obtained. It does happen rather frequently that a marriage does not work and then students end up in this very sticky situation.

Has it been more than 5 months since your F-1 status was terminated? If not- then you could apply for reinstatement. I don't know what you mean "can't afford to wait"? This would be the safest option in my opinion. Was there another reason other than marriage that you dropped out- like money? Did you actually file for a greencard? What was the termination reason in SEVIS?

If you depart the US and apply for a new F-1- if it's known that you got married then you would very likely be denied a new F-1 visa, because if would appear you had immigrant intent.

Is your F-1 visa actually expired? If not, you might be able to travel and re-enter with this visa, was this mentioned to you as a possibility?

[fifthnormal 0]

My F-1 was terminated at the beginning of the semester when I did not register for classes. I basically violated the rule that I have to be enrolled full time.

It has not been more than 5 months, but I cannot do reinstatement, because I cannot afford to do so financially. While I wait for my reinstatement to be adjudicated, I'd have to enroll at the beginning of the Spring semester and pay for tuition, which I cannot afford. I also have no means to support myself, because I am a graduate student and rely on teaching duties to pay for my school and living expenses. My wife has all the money in the relationship, and has refused to help here because our marriage is over.

I only dropped out of school because I was moving across the country to be with her - there were no financial reasons. I was fine with my F-1, but I was dumb and left school. My marriage ended before my wife could file the change of status for me to get a green card.

I was very specifically told that my two options were to do reinstatement or return home and get a new F-1 visa. My school gave me a new I-20, but I need to return home and get the new visa.

I'm worried about this now. Should I be?

Edited December 4, 2014 by fifthnormal

[Boiler 45,532]

How are you going to show funds for a F1?

[fifthnormal 0]

I have an offer letter from my department to work this semester. It will cover my tuition and living expenses. I can always fall back on my parents to provide documentation if necessary. What I cannot do is wait for the reinstatement adjudication, which can take months. I don't have the cash reserves for that. But I can make it if I reenter with a new F-1 and get the support from my department. It won' t be a nice life, but I can make it.

Edited December 4, 2014 by fifthnormal

[Boiler 45,532]

So it is a cash flow issue?

[fifthnormal 0]

Yes. See my edited post above.

[Boiler 45,532]

So you only have one option it seems.