Marriage on Expired F-1 Visa and Leaving Uni

[April. 0]

Hi everyone! I have a few questions about my sort of unique situation. My fiancée and I have been together for almost 4 years, and are planning to get married this April. We would like to file for the I-130 and AOS concurrently immediately after. We are both in the US, and she is a US citizen.

 

The possible hang-ups are that I'm currently an international student with an expired F1 visa, within my expired passport, but still in status and with a new passport. My SEVIS record is still active and my I-20 has program end date on 2025, since I went on a PhD program after undergrad. I was told by my international student center that yes, I am still in legal status with all these, but I'm not sure if USCIS would treat this as a red flag?

 

Next, while we're getting married in April, I do want to end my academic program and will not be in it starting this August. I am already incredibly tired of being in university, and it has taken its toll on my health, so going back would be a last-resort. However, not going back will cause my SEVIS record to be terminated in August -- an authorized early withdrawal. I was wondering if this would affect my application even after I've submitted the I-130 and the I-485 in April?

 

Furthermore, my fiancée and I currently live in different states. We've lived together for two years previously, however, before I had to move to a different state for school. She currently lives with her parents because her workplace is near their house. She makes a bit above the wage requirements, so we're not worried about that. We do have proofs of our relationship, and lots of friends to back it up, but would it count against us if we have different US addresses? I am planning on moving in with her at her state around July, since I have to finish up with my lab work before leaving uni, so we are not *immediately* cohabitating after being married.

 

Finally, would any of you recommend simplecitizen for this? I'm a bit inept at filing forms, so I thought of availing their $400 package. But if this is indeed a complicated situation, I might avail of the $850 package instead.

 

Thank you so very much for all your help! I am so happy that this forum exists.

Edited February 27, 2022 by April.

[African Zealot 1,456]

What is complicated about your case? Absolutely nothing.

 

1 hour ago, April. said:

but would it count against us if we have different US addresses? 

It is definitely not a positive. The earlier you cohabit, the better.

 

1 hour ago, April. said:

Finally, would any of you recommend simplecitizen for this? I'm a bit inept at filing forms, so I thought of availing their $400 package. But if this is indeed a complicated situation, I might avail of the $850 package instead.

Your choice. More expensive doesn't necessarily mean better.

 

1 hour ago, April. said:

I am still in legal status with all these, but I'm not sure if USCIS would treat this as a red flag?

What red flag? Your status is what matters, not whether your visa has expired or not. You seem to be looking for something to worry about.

Edited February 27, 2022 by African Zealot

[Rocio0010 5,633]

5 hours ago, April. said:

sort of unique situation

Not really unique in terms of your I20.

 

5 hours ago, April. said:

but still in status and with a new passport. My SEVIS record is still active and my I-20 has program end date on 2025

Then nothing to worry about.

 

5 hours ago, April. said:

was wondering if this would affect my application even after I've submitted the I-130 and the I-485 in April?

It’s not going to directly affect it. However; until you have your green card in hand it is advised that you continue attending school, so that if anything happens with your green card application, you still have a status to fall on.

5 hours ago, April. said:

would it count against us if we have different US addresses? I am planning on moving in with her at her state around July, since I have to finish up with my lab work before leaving uni, so we are not *immediately* cohabitating after being married.

Plenty of couples do apply for AOS and get approved while living apart. The tricky part is that you have to have strong evidence of the relationship, and also be able to explain why you are living apart, and what your plans for the future are.

 

5 hours ago, April. said:

Finally, would any of you recommend simplecitizen for this? I'm a bit inept at filing forms, so I thought of availing their $400 package. But if this is indeed a complicated situation, I might avail of the $850 package instead.

I haven’t used them and I honestly don’t see why people would need them if you can read and write English and interpret questions. But it’s your money.

[arken 4,197]

7 hours ago, April. said:

I was told by my international student center that yes, I am still in legal status with all these, but I'm not sure if USCIS would treat this as a red flag?

Your international student center told you are in legal status because uscis told them so. F1 visa itself is not a status.

 

Regarding others, it's best to have cohabitation especially after marriage. If it's temporarily not possible due to study/work, then at least have other bunch of evidences line joint bank accounts, adding each others on insurances and such. Just a marriage certificate with few people talking about the marriage, without cohabitation and financial commingling, doesn't look good.

[April. 0]

Thanks, everyone! I was just asking these out of an overabundance of caution -- some websites say that an expired F-1 visa is most definitely a red flag, so I was very confused and indeed counted the ways that could potentially be hang-ups. Definitely didn't want to go home at all.

 

And I'll probably try to do @Rocio0010 suggested and see about not using the services either!

[powerpuff 6,748]

~ Topic moved from IR1/CR1 spousal visa forum to AOS work/student/tourist visas since this is an adjustment of status, not spousal visa ~