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simonplus

Filing for AOS - Overstayed F1 visa

By simonplus in Adjustment of Status from Work, Student, & Tourist Visas

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simonplus Apprentice

simonplus   0

Posted
Filed: AOS (pnd) Country: Italy
 Timeline
Posted

Hi There,

I will file for AOS by the end of next week. I have been married since end of October 2015 and my visa expired on February 14th 2016.

What are the issues I might encounter --- given my illegal status --- until my application gets approved?

Thanks.

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newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

Your visa is only for entry and is irrelevant when you are in the US. Your status is relevant to your stay in the US, and if you have graduated, you remain in status for 60 days after graduating.

If you are married to a US citizen and adjusting status based on your marriage to the US citizen, then whether you are in status or not does not matter at all for eligibility to file AOS. After you file AOS, you can stay in the US regardless of whether you have status.

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ankitp3490 Rookie

ankitp3490   0

Posted
Filed: AOS (pnd) Country: India
 Timeline
Posted

As previous guy said, visa doesn't expire. You become out of status from being in status, which doesn't matter for filing. And technically after filing AOS you become again in status. Correct me guys if I'm wrong.

AOS Filed. Adjusting from F-1 Student via USC wife.

AOS File Sent - April 1st :clock:

AOS File Received - April 4th :clock:

Checks Cashed - April 21st

Email/Text with Case Numbers received - April 22nd

All 4 Physical NOAs received - April 23rd and May 8 (I-131 had to be resubmitted :cry: , Had forgotten to sign :oops: )

Bio-metrics Done- May 24th :thumbs:

I-131 - Approved :unsure::dancing:

I-485 - Ready to be scheduled for interview July 14th

I-765 - Being produced July 14th

********Case Numbers ARE NOW RECOGNIZED by USCIS Website on of July 14th. Request to update was submitted on June 7th through phone*****************

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Starkilla09 Proficient

Starkilla09   366

Posted
Filed: Citizen (apr) Country: Cameroon
 Timeline
Posted

My visa expired on February 14th --- including the grace period

It still wouldn't matter if your visa or F1 status expired 500 years ago. As the spouse of a U.S. citizen, you're eligible for adjustment of status provided you have no other ineligibilities like criminal records or health related ones. Go ahead and file, you're not the first to adjust status from being out of status. Matter of fact my F1 visa status was expired when I adjusted if that makes you feel better.

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

02/27/2019: Joint I-751/N-400 Interview.

05/14/2019: I-751 APPROVED.

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

01/23/2019: Interview Scheduled for 2/27/2019.

02/27/2019: Joint I-751/N-400 interview. N-400 recommended for approval.

05/16/2019: N-400 APPROVED! Placed in line for oath ceremony.

05/17/2019: Oath ceremony notice mailed.

06/12/2019: Swearing in Ceremony! Finally a U.S. citizen!

 

 

 

 

 

 

 

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

Your visa expired the moment you passed through CBP controls, since it's a single-use visa and you used it.

Your status may have expired on the 14th February, but as stated above, an immediate relative of a US citizen does not need to be in status to be able to AoS successfully.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

~Moved from Fam.-based AOS to WStudentT-based AOS Forum~

~Adjusting from student visa~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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