F-1 Out of status - need advice

[Hypnos 6,576]

If the op is "D/S" then there will be no overstay bar.

[milimelo 4,481]

OP, are you divorced now?

[michellefor 1]

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

that's the good news that you only overstayed 90 days...as You will not be subject to a time bar on reentering the U.S., because your overstay did not last more than 180 days. You just have to make sure that you have proof of your date of departure to prove that your brief overstay shouldn’t trigger a time bar , and also your marriage story for why you overstay your visa....

[Starkilla09 366]

I have to disagree with Michellefor about you accumulating unlawful presence by just violating your status subjecting you the 3 to 10 year bars. They're 2 different concepts. Since you have an F1 visa you were admitted on a D/S or duration of status. You'll only start accumulating unlawful presence only if USCIS makes a discovery of your status violation normally through a change of status to another or if a judge makes a formal finding. Chances USCIS taking any action against you are very slim since it's priority is to remove criminal aliens with it's very limited resources and you're a very low priority. This shouldn't be your main reason why you should jump on a plane and risk it all. However with each passing day your chances of getting a new visa or reinstatement disappears. You have 3 options basically as you may know know, risk it all with a slim to non existent chance of you getting a new visa overseas with a very high possibility of getting stuck outside the U.S., stay put try reinstatement ( still very difficult but possible provided you're within 5 months since violation), or stay put keep a low profile out of trouble and find love again to cure this. I can really relate with you because I was once in this hot mess of status violation due to financial constraints after my mom died a few years ago. It was a very dark time of my life and I risked it all and stayed put keeping a low profile out of trouble continued my education and searched for love. 5 years later after I met a wonderful woman whom I currently married to about to be a mom who has also pulled me out of this darkness. If you ask me I'll do it again if I had to one more time in a heartbeat. Just wanted to let you know. Good luck.

[mymarriagejourney 113]

If you return, I highly doubt you will get another F1 visa. I would stay and attempt a reinstatement.

[Boiler 45,532]

Reinstatement is undoubtedly safer. But not financially possible.

[fifthnormal 0]

We are still married and unlikely to get a divorce any time soon due to complications that I won't get into here. I agree that reinstatement is less risky, but I cannot afford the tuition because I am not allowed to work during the reinstatement process. Really, I think the only option is to go back to my country and see if I can get a new F-1, which the consensus is that it is not likely.

And I am not a troll. I appreciate all the input that's been given here thus far. It has been enlightening.

[mymarriagejourney 113]

Um. If your wife does not want a divorce and it is to her benefit to stay married for whatever reason, then she needs to apply for your green card.

I don't know how reinstatement works, but I'd try, try, try to work it out with your school to be able to enroll while it is pending.

[Zombie69 363]

I was a F1 student for over a decade, and i immediately filed AOS right after we got married last year. i am gay, and we could not get married until last year when Supreme Court tossed out gay marriage ban(prop 8) and Defense of Marriage Act last year. I've known my now spouse for 17 years, and we could not adjust our status until last year. Your problem was with your wife, and your biggest mistake was to let yourself out of status like that. if you want to immigrate to the statues in the future, this period of out of status will probably come back and bite you in the ###. i don't mean to judge, but your marriage might be perceived as an intent to immigrate to the states as a F-1 student, that is a big risk there. I am not a lawyer, but if i were you, i would file a divorce right away and have nothing to do with your wife, and return to your country and reapply for another F-1 visa before it gets more complicated.

Edited December 4, 2014 by Zombie69

[fifthnormal 0]

Unfortunately, I cannot file for divorce. It's just not an option right now. And there is no way she will file my papers. We are pretty much estranged now. Reinstatement will just not work because I don't have enough money for tuition AND living expenses during that time. In fact, I am pretty much broke. My parents can help a little bit, but not enough to pay international student tuition for a semester plus living and room/board. So that's out.

[mymarriagejourney 113]

You aren't going to get an F1 visa while married to a US citizen. End of story. Even if divorced, it would be extremely unlikely. If you want to study in the US, you'll need to find a way to make it work without leaving the country. If you do, you won't be coming back.

I'm not trying to be mean; to the contrary, I am trying to help you. It is exceedingly unrealistic to think that if you leave the US that you will be coming back as an F1 student. Have a plan for your future in your home country if you decide to leave the US.

Edited December 4, 2014 by mymarriagejourney

[Hypnos 6,576]

that's the good news that you only overstayed 90 days...as You will not be subject to a time bar on reentering the U.S., because your overstay did not last more than 180 days.

No. There is no overstay under "D/S" unless either USCIS or an immigration judge makes a formal finding that there was a status violation by the alien. Technically they are out of status, but accumulating no overstay.

[mymarriagejourney 113]

Perhaps an option is to enroll in the least expensive community college you can find while your F1 is reinstated and once reinstated, return to your graduate studies. I believe I have heard of some students who have done this at our local community college.

[fifthnormal 0]

I thought of that. But I have to take a full load (12 hours as opposed to 9 for graduate studies), and with international tuition rates, it's still about $5000. I don't have that.

[mymarriagejourney 113]

Look around. My husband needed more college level ESL instruction and took it at a community college. His quarters were about $2500 as an international student. Maybe your parents could assist.

Also, what about certificate programs? I have a friend who took classes at a tiny place that offered instruction to get certified for an MCSE. They actually were qualified to offer federal student aid, so they apparently had some sort of accreditation. No international vs resident rates and under $1k.

Edited December 5, 2014 by mymarriagejourney