Spouse petition

[Firuza2h33 3]

Hello Everyone. My husband is a United States citizen. We have a 2 years old baby and i have a overstayed visa. I came as F1 student visa to US but i never went to school i wasnt able to. My husband wants to petition me to get my green card but how can we do it without spending so much on layers and instead do it ourselves? Do i really need to get a lawyer? Thank you all

[Daphne . 1,852]

Why weren’t you able to go to school? Wasn’t that the whole point of applying for the F-1? When did you decide that you wouldn’t go to school? 
 

 

[Lil bear 4,181]

8 minutes ago, Firuza2h33 said:

Hello Everyone. My husband is a United States citizen. We have a 2 years old baby and i have a overstayed visa. I came as F1 student visa to US but i never went to school i wasnt able to. My husband wants to petition me to get my green card but how can we do it without spending so much on layers and instead do it ourselves? Do i really need to get a lawyer? Thank you all

If you legally entered into  the US .. snd are married to a USC.. then you can apply for adjustment of status. The question will be whether your circumstances around the F1 visa and failing to attend are reasons for misrepresentation.  Perhaps a wise decision would be a consultation with a lawyer .. not necessarily hiring them .. but being able to have your circumstances looked at  as a whole first.  

[Boiler 45,445]

Devil is in the details.

[Rocio0010 5,579]

2 hours ago, Firuza2h33 said:

but i never went to school i wasnt able to

Then why did you apply for an F1?

Did you find out all of a sudden that you weren’t able to go to school?
Why weren’t you able to go to school?
 

2 hours ago, Firuza2h33 said:

how can we do it without spending so much on layers and instead do it ourselves? Do i really need to get a lawyer?

No way around this one without a lawyer. Yes, you need one. No, you can’t do it yourselves. You told the US government that you should get an F1 visa (which is a non- immigrant visa) to come to school. But for whatever reason, you never went to school and instead married a USC. 
Guess what? USCIS is not going to like your case. They’re going to think that you just obtained an F1 to jump the line and stay here. Sorry if I sound too blunt, but I’ve seen this situation time and time again and that’s the outcome usually.

[Ryan H 3,812]

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

[Dashinka 24,480]

I agree with @Lil bear, file the I485/I131/I765 package.  I really cannot comment on if you need a lawyer as @Boiler states, that depends on the details.

 

Good Luck!

[Mike E 11,739]

11 hours ago, Firuza2h33 said:

came as F1 student visa to US but i never went to school i wasnt able to

1. Did you know him before you came to the USA?

 

2. Were married  to him before you came to the USA?

 

 

[Crazy Cat 41,811]

This situation justifies an attorney consult, imo.  There are too many missing details, but having never attended school would possibly bring heavy scrutiny. 

[Rocio0010 5,579]

Is your husband a USC by birth?

How long after you landed did you marry him?

Why didn’t you go to school?

[Firuza2h33 3]

Thanks for all of your responses

i entered US in 2008 and I couldn’t effort paying for school so I had to work off the books. The school that invited me didn’t let me pay monthly but they wanted me to pay the whole semester that’s why I couldn’t pay. I married my husband after 9 years. He got his US citizenship last month and we want to start with my papers

 if this makes more clear for all those questions you all had

[Mike E 11,739]

 

7 minutes ago, Firuza2h33 said:

I married my husband after 9 years. He got his US citizenship last month

1. Is he from the same country as you?

 

2. What year did you meet and/or correspond with each other?

Edited February 12, 2023 by Mike E

[Crazy Cat 41,811]

12 minutes ago, Firuza2h33 said:

and I couldn’t effort paying for school so I had to work off the books.

I thought you had to prove that you can pay before receiving an F-1 visa.

[carmel34 3,620]

14 minutes ago, Firuza2h33 said:

i entered US in 2008 and I couldn’t effort paying for school so I had to work off the books. The school that invited me didn’t let me pay monthly but they wanted me to pay the whole semester that’s why I couldn’t pay. I married my husband after 9 years. He got his US citizenship last month and we want to start with my papers

Based on the little information that you've shared, your case is likely to be closely scrutinized by USCIS.  An attorney is highly recommended.

[Crazy Cat 41,811]

I think most people, who legitimately came for an education, would have returned home.   In fact, I think that is a condition of an F-1. 

Edited February 12, 2023 by Crazy Cat