F-1 Out of status - need advice

[dsohere 0]

Did you start the process to apply for a greencard? Do you have a valid F-1in your passport?

It's a tricky situation- in that your marriage makes you seem an intending immigrant. it seems you do have to travel, so you have to take a risk.

[fifthnormal 0]

I know that I have only one choice. My question is to know what my likelihood of successfully getting an F-1 in this way. Is this avenue likely to fail?

[Starkilla09 366]

It's a very huge risk that'll most likely fail unless you're very lucky. Consular officers frown upon F1 violations a lot regardless of the reason for it unless you have a very compelling reason through no fault of your own like school's mistake, serious medical reason or natural disasters. These people deal with visas are like a game of dice when they issue it to you with a very fragile string attached. The second negative factor against you is proving that non immigrant intent again which you'll have a very hard time convincing them considering you married and were gonna adjust status. The only little bit of advantage you have is you probably didn't file the paper work which would have cemented your fate. Good luck.

Edited December 4, 2014 by Starkilla09

[kzielu 1,149]

I know that I have only one choice. My question is to know what my likelihood of successfully getting an F-1 in this way. Is this avenue likely to fail?

Does it matter if it's your only choice ? You will not know until you try, two ways to look at it one of which may be seeing you as someone desperately trying to stay in US.

[Hypnos 6,576]

I would say your chances of a new F-1 are slim to nonexistent. You've already violated your status once, and the thought that will be high in the CO's mind is that you'll do it again.

Edited December 4, 2014 by Hypnos

[Pickle 65]

Apart from the F-1 violation, CO's look at you as a potential immigrant until you proof them otherwise. How are you going to proof them otherwise?

[fifthnormal 0]

I don't know that I can prove it. My parents live in my home country and have property there. I have a bank account there. But from what I'm hearing, my marriage to a USC is going to be a deal breaker.

From what I'm seeing here, my case appears to be nearly hopeless.

[Boiler 45,532]

Your Lawyer would be a better sounding board and know the totality of your case.

I can see there is an issue. I wonder how many of those who have replied have a deep understanding of these issues.

[fifthnormal 0]

Unfortunately, I don't really have a lawyer. I just consulted with the immigration office at my school and briefly with their experts there. I cannot afford an immigration lawyer this time.

[Boiler 45,532]

It would be unusual for a Uni to have immigration expert on staff.

Can not imagine this is a common enough situation for them to have much more knowledge than you see her.

[michellefor 1]

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.

Do you mean that your I485 was denied by USCIS? I don't know what is the reason they have denied your I485 but it will very hard to get your F1 visa if you leave the US since you have out of status your F1 visa. I would suggest to ask a lawyer to see if there is anyway that you can re-submit your I485 if you are the spouse of US citizen. Just don't leave the country otherwise it will make the whole situation very complicated.

[fifthnormal 0]

No, my wife refused to file a change of status for me because our marriage ended before we could file all the paperwork. So I never filed that and I'm an out of status F-1. I went out of status in August, but we stayed together until October, and now I'm trying to go back to school because our marriage didn't work.

I cannot file for change of status because my wife will not sponsor me, right?

[Boiler 45,532]

Correct

[michellefor 1]

No, my wife refused to file a change of status for me because our marriage ended before we could file all the paperwork. So I never filed that and I'm an out of status F-1. I went out of status in August, but we stayed together until October, and now I'm trying to go back to school because our marriage didn't work.

I cannot file for change of status because my wife will not sponsor me, right?

OK. Got it. Since you have outstay your visa so now you are facing a 3 year bar by overstayed more than 180 days and less than 1 year. I don't know how long you have overstayed your visa , if less than 1 year then you are not allowed to re-entry US for 3 years. You can also file I601 waver in your country if you are going to apply another visa but it's not guarantee that they will accept your application as you have to give them a good reason why you overstay your visa ,perhaps your marriage situation is a good reason for that. Good Luck.

btw, don't overy stay over 1 year you will face a 10 year bar.

[fifthnormal 0]

I am not over 180 days - it's about 90 days actually. I'm Returning this month to reapply for F-1.