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Nathan2018

Valid visa and i94 but out of status

By Nathan2018 in Adjustment of Status Case Filing and Progress Reports

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Nathan2018 Newbie

Nathan2018   0

Posted
Filed: Other Country: Montenegro
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Posted

I came on F1 visa, I have a valid visa but I'm out of status. I'm expecting a child with my girlfriend who is not a US citizen. What can I do to stay back legally in the US?

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JFH Grand Master

JFH   12,190

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

Nothing. How are you out of status with a valid visa? 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Nathan2018 Newbie

Nathan2018   0

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Filed: Other Country: Montenegro
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20 minutes ago, JFH said:

Nothing. How are you out of status with a valid visa? 

I came here on F1 visa. My visa is still valid but I changed to another school which is not SEVIS recognized,  so I'm out of status.

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

What is your girlfriend's status in the US?

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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cd37 Collaborator

cd37   229

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Filed: Country: India
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Posted
15 minutes ago, Nathan2018 said:

I came here on F1 visa. My visa is still valid but I changed to another school which is not SEVIS recognized,  so I'm out of status.

Your visa is directly connected to your SEVIS record. No valid sevis record, no valid visa. Thats what I was told from university international office when I was student.

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cd37 Collaborator

cd37   229

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Filed: Country: India
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47 minutes ago, Nathan2018 said:

I came on F1 visa, I have a valid visa but I'm out of status. I'm expecting a child with my girlfriend who is not a US citizen. What can I do to stay back legally in the US?

If you want to be in status again then you have to get new I20 from a university who can create SEVIS record for you and then you have to leave US and go to US embassy somewhere (maybe mexico or canada or in your home country) and get new f1 visa stamp and reenter US again. 

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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Posted

Seems you also have the choice of her country and yours, so many options.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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cd37 Collaborator

cd37   229

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Filed: Country: India
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Posted
17 hours ago, Nathan2018 said:

I came here on F1 visa. My visa is still valid but I changed to another school which is not SEVIS recognized,  so I'm out of status.

Best option for you is to get addmission to a university first and then consult international student advisor at the university. They will guide you what Is the correct procedure to be in status again. The experience I shared, with my friends was true years ago and procedures may have changed so get the admission first so they can create your sevis record and consult advisor at university. Good luck.

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Nathan2018 Newbie

Nathan2018   0

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Filed: Other Country: Montenegro
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8 hours ago, maryLu said:

How long have you been OOS?

3months

6 hours ago, cd37 said:

Best option for you is to get addmission to a university first and then consult international student advisor at the university. They will guide you what Is the correct procedure to be in status again. The experience I shared, with my friends was true years ago and procedures may have changed so get the admission first so they can create your sevis record and consult advisor at university. Good luck.

Okay. Thank you

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