Need help with this situation

[Boiler 46,276]

Waivers have a very high approval rate.

[Ruipo 1]

Hi,

Boiler is correct, F-1 students are admitted for the duration of their stay. You are unlikely to have a ban.

Here are your options IMHO;

1. File for AOS and AP. Wait around 90 days to get AP. Leave with AP and return to get your green card.

2. Leave without AP. USC spouse will need to file an I-130 and the process will take 6-12 months for an immigration visa.

You will have to decide between a) being here with your wife and not travel home for the family emergency or b) travel home for the family emergency knowing that you can not come back for at least a year.

thank you for all the information. I dropped out school 2 months after we married. So I assume i didn't have a valid F1 visa after dropping out school. So i thought i was overstaying with a unvalid F1 visa. If I just leave like this without applying AOS and AP, I think the chances that i can come back to the US will be really low. Am i correct?

Thanks

[aaron2020 11,651]

thank you for all the information. I dropped out school 2 months after we married. So I assume i didn't have a valid F1 visa after dropping out school. So i thought i was overstaying with a unvalid F1 visa. If I just leave like this without applying AOS and AP, I think the chances that i can come back to the US will be really low. Am i correct?

Thanks

Your chances of coming back are so low that it's zero.

What visa would you use to get back into the US? The F-1 visa which was void when you dropped out of school? Your school was required to report that you dropped out of school, so you are now flagged and that visa is void. Do you really want to make your situation worse by committing visa fraud by using an F-1 visa when you are not enrolled in school and entering with the intent to immigrate? That would not be a really dumb idea.

You have two choices; a) stay and miss the family emergency or 2) travel for the family emergency and wait a year for an immigration visa. You do not have the choice to leave and come back.

Edited September 12, 2015 by aaron2020

[Boiler 46,276]

If you leave you will get back, just a time issue.

[Ruipo 1]

Your chances of coming back are so low that it's zero.

What visa would you use to get back into the US? The F-1 visa which was void when you dropped out of school? Your school was required to report that you dropped out of school, so you are now flagged and that visa is void. Do you really want to make your situation worse by committing visa fraud by using an F-1 visa when you are not enrolled in school and entering with the intent to immigrate? That would not be a really dumb idea.

You have two choices; a) stay and miss the family emergency or 2) travel for the family emergency and wait a year for an immigration visa. You do not have the choice to leave and come back.

Thank you so much, i really need to understand the seriousness of my case. I didnt plan to come back right away, I might stay with my family for 6 months, So i can get a immigration visa even i am banned after leaving the US as long as im still married to a US citizens? And will i lost the AOS opportunity?

[aaron2020 11,651]

Thank you so much, i really need to understand the seriousness of my case. I didnt plan to come back right away, I might stay with my family for 6 months, So i can get a immigration visa even i am banned after leaving the US as long as im still married to a US citizens? If you do not have a ban, then you could get a spousal visa. With a ban, you would be denied a visa. Your wife would need to file a waiver showing a hardship to her. If the waiver is successful, then you would get a visa. Marriage to a US citizen alone does not get you an immigration visa. You would need to overcome any ban. And will i lost the AOS opportunity? If you leave without filing for AOS, then you lose your opportunity to AOS.

[Ruipo 1]

Thank you, i think the best way to do its file AOS as soon as possible and get a AP.

[TBoneTX 46,291]

*** Thread moved from AOS/Family-Based main forum to the "AOS from WS&T Visas" main forum -- OP last had an F-1 visa. ***

[KayDeeCee 4,896]

File the I-130, I-485, I-765 and I-131. You can ask for the AP to be expedited, or ask for emergency AP. See here > http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

[Unidentified 2,930]

Is true he needs to file for AOS any way if he leaves the country the OP can't come back but you will "still" need to file the I-130 in order to apply for AOS with I-485.

Plus the AP some times can be tricky to use, many got denied entrance to the U.S. Even with AP.

Wrong. Source: USCIS.

I applied for Emergency AP and was approved. Since I had heard rumors of people being denied entry I asked them and they said "You will have no problem entering the US but you may have issues leaving the country you're travelling from if they have never dealt with AP documents before".

Please don't leave advise you have no knowledge on. The OP can't file for AP without even having sent in the AOS. And it sounds like the OP is aiming for Emergency AP. No AOS case number = No Emergency AP.

Edited September 12, 2015 by Maria&Seve

[Unidentified 2,930]

As Boiler says you might not have an overstay since you were on a student visa but I have no idea how you would find out if you do or not.

Assuming you do have an overstay as soon as you leave you will have a three year ban from returning to the US. Your options are:

1. Leave, have the wife file the I-130, get denied at the interview, file the waiver, and hope your waiver and visa are approved.

2. Leave, serve out the ban, have the wife file the I-130, hopefully get the visa and return.

3. You and the wife live in some other country

4. You stay, file the I-130/I-485 packages concurrently and wait to receive your AP (about 90 days after you file if you do it correctly).

Hi,

Boiler is correct, F-1 students are admitted for the duration of their stay. You are unlikely to have a ban.

Here are your options IMHO;

1. File for AOS and AP. Wait around 90 days to get AP. Leave with AP and return to get your green card.

2. Leave without AP. USC spouse will need to file an I-130 and the process will take 6-12 months for an immigration visa.

You will have to decide between a) being here with your wife and not travel home for the family emergency or b) travel home for the family emergency knowing that you can not come back for at least a year.

I know that quickly filing AOS might not be an option due to your financial situation but I want to clear up this 90 days thing and let you know you have a better option if you file for AOS though I'm not sure if the overstay will be an issue, I'm not really good with overstay rules...

If you file for AOS you can go to the USCIS and ask for Emergency AP. I did this when my father got pancreatic cancer and I had to go home before he died.

As soon as you get the case number as a text/email (takes about 3-4 days) you can go to the USCIS office provided that you have sufficient proof of the family emergency, in my case I had a letter from the doctor treating my father. You also need to bring two passports photos and a cheque or money order of $360. You would have your AP in hand within an hour.

[Ruipo 1]

I know that quickly filing AOS might not be an option due to your financial situation but I want to clear up this 90 days thing and let you know you have a better option if you file for AOS though I'm not sure if the overstay will be an issue, I'm not really good with overstay rules...

If you file for AOS you can go to the USCIS and ask for Emergency AP. I did this when my father got pancreatic cancer and I had to go home before he died.

As soon as you get the case number as a text/email (takes about 3-4 days) you can go to the USCIS office provided that you have sufficient proof of the family emergency, in my case I had a letter from the doctor treating my father. You also need to bring two passports photos and a cheque or money order of $360. You would have your AP in hand within an hour.

That is a very good option here. I just need to make sure after we got the AOS case number, we can get a emergency AP very soon.

[tiko1426 17]

Filing the I-130 does not help with this situation. An I-130 alone does give anyone the right to enter the US.

The OP would need to file for AOS and get AP. No AP, no coming back.

EXACTLY !!