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Colinana

How to do adjustment of status for out of status International student?

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

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Colinana Rookie

Colinana   1

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5 minutes ago, Teemo said:

Just make sure be does not leave the country until he has his advance parole in hand. Applying for that (plus employment authorization) is optional but it's free with your I-485 and highly recommended.

 

No need to be overwhelmed...it's actually a relatively simple process. He won't be the first overstay applying to adjust status, it's actually quite common. This guide has everything. http://www.visajourney.com/content/i130guide2

Thank you!!!! It's a really helpful link. 

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geowrian
geowrian

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter8.html B. Immediate Relatives Certain adjustment bars do not apply to an immediate relative, including the spouse or

Crazy Cat
Crazy Cat

There is no wavier needed.  Overstay is forgiven for spouses of US citizens.  But until you are married AND he files for Adjustment of status, he can be detained and deported.......

Teemo
Teemo

Just make sure be does not leave the country until he has his advance parole in hand. Applying for that (plus employment authorization) is optional but it's free with your I-485 and highly recommended

Ryan H Grand Master

Ryan H   3,813

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

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
51 minutes ago, hoangthaihuy said:

How about:

"Inadmissibility due to likelihood of becoming a public charge"

No waiver is available for that nor are any family-based immigrants exempt from this requirement.

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

 

aznhouston Community Regular

aznhouston   132

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

OP said she was sick and her to-be-husband has been taken care of her all those years. 

I just assume that financial situation will be tough.

I just think OP need to make sure that she has everything ready to go. Sometimes the problem lies in the things you've never expected.

I planned my case for almost 3 years, especially the financial stuff. :) 

NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
7 hours ago, hoangthaihuy said:

OP said she was sick and her to-be-husband has been taken care of her all those years. 

I just assume that financial situation will be tough.

I just think OP need to make sure that she has everything ready to go. Sometimes the problem lies in the things you've never expected.

I planned my case for almost 3 years, especially the financial stuff. :) 

She would need a joint sponsor if she doesnt meet the income and/or and assets requirements. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Crazy Cat Grand Master

Crazy Cat   41,981

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
2 minutes ago, NikLR said:

She would need a joint sponsor if she doesnt meet the income and/or and assets requirements. 

Agree.  I don't see a "public charge" denial......after all, the fiance has been here for years without becoming a public charge.......

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Colinana Rookie

Colinana   1

Posted
Timeline
  • Author
Posted
8 hours ago, hoangthaihuy said:

OP said she was sick and her to-be-husband has been taken care of her all those years. 

I just assume that financial situation will be tough.

I just think OP need to make sure that she has everything ready to go. Sometimes the problem lies in the things you've never expected.

I planned my case for almost 3 years, especially the financial stuff. :) 

Yes, we did face some financial issues due to my health conditions and all the hospital bills. But now, we have some saving and ready to build a business of our own. I can't run the business by myself so I will need to wait until he finish his adjustment of status then we can both legally own the business and settle down. We are financially prepared for his paperwork and everything now.

dassy004 Explorer

dassy004   18

Posted
Filed: AOS (pnd) Timeline
Posted

If possible, you guys should get married now, and file to adjust his status, because the new policy that will affect people who came in with student visas, and have fell out of status will be in effect August 9th. If you guys do not get married before that date, then he will need to return to his country and re-apply for a visa to come back which will be very hard considering the length of time he has been out of status. 

Colinana Rookie

Colinana   1

Posted
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Posted
3 minutes ago, dassy004 said:

If possible, you guys should get married now, and file to adjust his status, because the new policy that will affect people who came in with student visas, and have fell out of status will be in effect August 9th. If you guys do not get married before that date, then he will need to return to his country and re-apply for a visa to come back which will be very hard considering the length of time he has been out of status. 

So that will be the case if we file to adjust after August 9th? 

Colinana Rookie

Colinana   1

Posted
Timeline
  • Author
Posted (edited)
1 hour ago, missileman said:

Agree.  I don't see a "public charge" denial......after all, the fiance has been here for years without becoming a public charge.......

Except for his overstayed, he hasn't been trying to work illegally or anything. Now, his family and I support him financially and he's never got into any trouble. 

Edited by Colinana
dassy004 Explorer

dassy004   18

Posted
Filed: AOS (pnd) Timeline
Posted
11 minutes ago, Colinana said:

So that will be the case if we file to adjust after August 9th? 

If you guys get married before the 9th, you guys will be good even if you file to adjust his status after the 9th. It will make more sense to just file before the 9th. 

Crazy Cat Grand Master

Crazy Cat   41,981

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
Just now, cd37 said:

There were cases where ICE detained illegal person at AOS interview and deported them. 

Strictly for overstay?  Nope.  They had previous deportation orders?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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