COS possible for GF overstaying F-1 over 10 years

[kindestcut2 0]

I have a question about the possibility of a change of status for my girlfriend. She is in the country illegally after overstaying her F-1 Student Visa over 10 years ago.

 

I was her sponsor when she obtained her Visa. At the time we were not boyfriend/girlfriend. We met online after learning that her uncle has family in my hometown and grew into good friends. I had the money so that wasn’t a problem.

 

When she came over, we had everything set up. She was enrolled at a local community college. And I had a bedroom for her in my apartment. And this was fine for a couple of years. As time passed, her anxiety became too much for her to handle. Things began to unravel as she was unable to handle going out and dealing with other people.

 

In retrospect I could have made so many of the right decisions easily. At some point, Mary dropped out of school and she overstayed her visa. And that was the point that we find ourselves today. Also, as time passed, we found ourselves becoming closer and closer. We became a couple.

 

So, now to my question. If we marry (which we have discussed over the years) is there a chance she could be granted a COS? I understand that an F-1 Visa does not allow for immigrant intent but she did attend college initially.

 

A major issue I can’t remember is what we put as “relationship to sponsor” on the Affidavit of Support document. I may have put “boyfriend” in a stupid attempt show some strong connection to Mary. If I did I’m sure that would undermine the true story. Do you know if it is possible to get a copy of the original document? However, the last thing I want to do is get the attention immigration authorities.

[milimelo 4,572]

She wouldn’t be doing COS but AOS. Follow the guides and you’ll be fine. 

[Cyberfx1024 7,980]

4 minutes ago, kindestcut2 said:

I have a question about the possibility of a change of status for my girlfriend. She is in the country illegally after overstaying her F-1 Student Visa over 10 years ago.

 

I was her sponsor when she obtained her Visa. At the time we were not boyfriend/girlfriend. We met online after learning that her uncle has family in my hometown and grew into good friends. I had the money so that wasn’t a problem.

 

When she came over, we had everything set up. She was enrolled at a local community college. And I had a bedroom for her in my apartment. And this was fine for a couple of years. As time passed, her anxiety became too much for her to handle. Things began to unravel as she was unable to handle going out and dealing with other people.

 

In retrospect I could have made so many of the right decisions easily. At some point, Mary dropped out of school and she overstayed her visa. And that was the point that we find ourselves today. Also, as time passed, we found ourselves becoming closer and closer. We became a couple.

 

So, now to my question. If we marry (which we have discussed over the years) is there a chance she could be granted a COS? I understand that an F-1 Visa does not allow for immigrant intent but she did attend college initially.

 

A major issue I can’t remember is what we put as “relationship to sponsor” on the Affidavit of Support document. I may have put “boyfriend” in a stupid attempt show some strong connection to Mary. If I did I’m sure that would undermine the true story. Do you know if it is possible to get a copy of the original document? However, the last thing I want to do is get the attention immigration authorities.

You have to get married and file for AOS. Since she came here as a F1 visa holder it will be fine, but she can not leave the country until she gets her AP or GC.

[Crazy Cat 42,568]

She will have to answer some questions at her AOS interview, but she can file.....after she is married to a US citizen....Until she files the AOS paperwork, she is in the country illegally, and she is subject to being picked up by ICE......just as she has been for the last 10 years....

[azblk 338]

3 hours ago, kindestcut2 said:

 

A major issue I can’t remember is what we put as “relationship to sponsor” on the Affidavit of Support document. I may have put “boyfriend” in a stupid attempt show some strong connection to Mary. If I did I’m sure that would undermine the true story. Do you know if it is possible to get a copy of the original document? However, the last thing I want to do is get the attention immigration authorities.

It does not matter what you wrote then. Relationships change and evolve.

What you should worry about more is whether your girlfriend was ordered removed after her SEVIS was terminated when she dropped out of school. You need to do a FOIA request for her full immigration record before you proceed because if she was put in removal or ordered removed then your case just become very complicated. The Trump administration is now refusing to drop the removals in immigration court as has been the practice for a long time .