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Tzen111

F1 visa denied, I-130 pending

By Tzen111 in Adjustment of Status Case Filing and Progress Reports

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Tzen111 Rookie

Tzen111   0

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Filed: EB-2 Visa Country: Philippines
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Hi, I’m currently staying in US as a B1/B2 visa (overstayed) at the moment. I applied my COS and F1 last year July 2017. And I just got their mail today that my F1 application is DENIED. 

 

While i was waiting for the  F1 application result. I met a US citizen man, and we became lovers and decided to get married. 

 

I got married this January 2018, and my husband filed I-130 March 8, 2018.. 

 

Question: Do i need to leave US now since my F1 is denied even if i have a pending I-130? Thank you so much.

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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As of right now you are out of status if your husband only filed an I-130. If he filed an I-485 as well, then you have authorized stay while that is pending. If he did NOT file an I-485 as well, then he should have done that (and can still do so, sending a copy of the I-130's NOA1 with it).

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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geowrian Grand Master

geowrian   22,337

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

Then you're allowed to stay since you have authorized stay while your case is pending.

 

If you leave before getting AP (or a green card), then you won't be permitted back in without a new visa (likely a CR-1) and your I-485 will be abandoned.

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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Tzen111 Rookie

Tzen111   0

Posted
Filed: EB-2 Visa Country: Philippines
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Posted
38 minutes ago, geowrian said:

Then you're allowed to stay since you have authorized stay while your case is pending.

 

If you leave before getting AP (or a green card), then you won't be permitted back in without a new visa (likely a CR-1) and your I-485 will be abandoned.

We’re still waiting for NOA because we just filed it last week. And we need to wait for 3-4 weeks to receive it.

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azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
 Timeline
Posted
On 3/13/2018 at 11:34 PM, Tzen111 said:

We’re still waiting for NOA because we just filed it last week. And we need to wait for 3-4 weeks to receive it.

You have a few red flags right off the bat. Make sure you document your marriage and relationship thoroughly.

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azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
 Timeline
Posted
15 hours ago, Tzen111 said:

What are the red flags?.. 

1. Marriage soon after you met.

2 All-too-convenient timing of marriage.

 

USCIS is suspicious of most marriages. You came on a visitor visa and then tried to adjust to student visa and then quickly got married and did a spousal petition. In their book - you seem to be using the marriage as a means to stay in the US.

 

https://www.nolo.com/legal-encyclopedia/red-flags-that-make-uscis-suspect-marriage-fraud.html

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