OUT OF STATUS F1 to AOS

[APGG94 35]

Hi, I was recently denied OPT on the basis of not submitting my application in time. I submitted my application a month before the due date but with a fee waiver that was denied. My entire packet was sent back to me. I was asked to resubmit and did with a money order for the correct fee amount. The time of me resubmitting was a few days too late so my OPT was denied. I was told by the international programs office at my university that I had 15 days from my denial to leave or I would be out of status. The letter was dated May 2nd and I was only informed today, May 16th, meaning tomorrow is my last day in status. 

 

I am currently in a relationship with a US citizen I met last year August, who has entertained the idea of getting married. If we do decide to get married, what is my next step in order to stay in the country legally? I know I will have to do an AOS but what do I need to include in my submission of a packet to file for my green card?

 

Would the fact that there was no formal engagement count negatively towards our chances?

[Suss&Camm 2,213]

Hello!

After getting married, you should follow this guide http://www.visajourney.com/content/i130guide2 and file for i-130, -i-485, i-765 (EAD, free with i-485 optional), i-131 (AP, free with i-485 optional), plus all supporting documents including i-864 affidavit of support and its supporting documents. Once you receive the NOA1 receipt for the i-485 you will be in a state of legal temporary stay while it's processed.

 

Lots of ppl are not formally engaged. You will be asked about your relationship at a far down the road interview, at which time just be honest

Edited May 17, 2017 by Suss&Camm

[Allie D 39]

On 5/16/2017 at 6:51 PM, APGG94 said:

Would the fact that there was no formal engagement count negatively towards our chances?

No. I'm adjusting from F-1 and my husband and I didn't have a formal engagement. Besides, people can fake engagement and wedding photos.  

 

Your AOS application might warrant extra scrutiny because your OPT application was recently rejected and you were given 15 days to leave the country (your overstay will be forgiven if you file for AOS as the spouse of a US citizen because you entered the country legally). You've also been in a relationship for a relatively short period of time (< 1 year), so that might be another thing to explain. Provide documentation of a bona-fide relationship leading to and after the marriage, i.e. proof that you're not committing marriage fraud to gain immigration benefits. 

 

Here's a quote from NOLO:

 

Quote

Red Flags That Make USCIS Suspect Marriage Fraud: All-too-convenient timing of marriage. A goodly number of marriages happen after an undocumented person in the U.S. is caught and placed into removal proceedings, or before someone on a nonimmigrant visa is reaching the date by which he or she must leave the United States. (One can apply for a green card based on marriage as a defense to deportation.) You will have to explain why you didn’t choose to marry until it became a matter of urgency.

ARTICLE

Edited May 21, 2017 by Allie D

[APGG94 35]

On 5/16/2017 at 7:41 PM, Suss&Camm said:

Hello!

After getting married, you should follow this guide http://www.visajourney.com/content/i130guide2 and file for i-130, -i-485, i-765 (EAD, free with i-485 optional), i-131 (AP, free with i-485 optional), plus all supporting documents including i-864 affidavit of support and its supporting documents. Once you receive the NOA1 receipt for the i-485 you will be in a state of legal temporary stay while it's processed.

 

Lots of ppl are not formally engaged. You will be asked about your relationship at a far down the road interview, at which time just be honest

Thank you! 

[APGG94 35]

On 5/20/2017 at 10:12 PM, Allie D said:

No. I'm adjusting from F-1 and my husband and I didn't have a formal engagement. Besides, people can fake engagement and wedding photos.  

 

Your AOS application might warrant extra scrutiny because your OPT application was recently rejected and you were given 15 days to leave the country (your overstay will be forgiven if you file for AOS as the spouse of a US citizen because you entered the country legally). You've also been in a relationship for a relatively short period of time (< 1 year), so that might be another thing to explain. Provide documentation of a bona-fide relationship leading to and after the marriage, i.e. proof that you're not committing marriage fraud to gain immigration benefits. 

 

Here's a quote from NOLO:

 

ARTICLE

Thank you! Also, my advisor on campus was the one who told me I should leave within 15 days but I never got a notice from USCIS to leave. Do they ever send an official notice? 

[Penguin_ie 5,993]

7 hours ago, APGG94 said:

Thank you! Also, my advisor on campus was the one who told me I should leave within 15 days but I never got a notice from USCIS to leave. Do they ever send an official notice? 

 

They normally do, but we have had cases here before where the notice got lost.