Spouse petition

[Pinkrlion 2,715]

So you stayed and illegally worked for 15 years. You will need a lawyer. They will question your marriage. 

[Daphne . 1,852]

46 minutes ago, Crazy Cat said:

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. 

This! ^
 

[Daphne . 1,852]

1 hour ago, Firuza2h33 said:

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

Did you not know any of that before you came? I would assume that the payment conditions etc. were made clear before you moved to the US. 
How long after you entered the US did you meet your (now) spouse? 

[SteveInBostonI130 3,432]

@Firuza2h33,,

 

I believe the consensus here is that you should consult a lawyer and may need to hire one to handle your case.

 

Overstays and illegal work is forgiven for a spouse of a USC.  However, misrepresentation is not.  

 

USCIS has access to and will look into your entire record, including your F1 visa application and interview.  At the time, you would have to show that you had the funds for the school.  If those funds were not actually available to you - that is, it was something temporarily borrowed just to get past the F1 interview, then you have a big issue.  I am not stating this is what you did - I am pointing out a possible complication.

 

Here are some of the irregularities of your case:

1. Not having funds for.school when you arrived on F1.

2. Marrying an LPR and seeking immigration benefits immediately after he gains US citizenship.

3.  The 14+ years of illegal work and 13+ years of illegal presence (assuming the conditions of the F1 requires enrolling within 1 year). 

 

A good immigration lawyer can confidentially review your circumstance and provide you with guidance.

[Rocio0010 5,579]

I know from first hand experience that one of the requirements for an F1 is evidence that you have the money to pay for your studies. 
I also know that any reputable school will tell you upfront about how and when to pay the tuition. I knew before coming to West Virginia University the dates I would have to make a deposit. I’m sorry, but this story doesn’t add up. You should have been honest the minute you realize you couldn’t afford it, talk to your ISO and see what the best course of action was. 
Unauthorized work is forgiven, misrepresentation is not. Expect higher scrutiny because you overstayed for 15 years and married someone from your same background. 
And no, this is not the time to be cheap. Get a loan but work with an attorney.

[discoverusa 258]

"Expect higher scrutiny because you overstayed for 15 years and married someone from your same background" - why the length of overstay or background of her spouse would be questionable? I agree the way F1 visa was used might be cause for concern.

 

OP, can you provide approximate timeline of events around your school attendance? Did you attend school for any amount of time or never even started?

[OldUser 6,608]

10 minutes ago, discoverusa said:

"Expect higher scrutiny because you overstayed for 15 years and married someone from your same background" - why the length of overstay or background of her spouse would be questionable?

At least few things that come to my mind:

- Did she claim to be a US citizen to get a job?

- Did she vote in election?

- Did she commit any deportable offence?

- Did she pay taxes?

- Did she use somebody else's identity to get employed?

- Did she use any benefits only provided to LPRs and US citizen?

- Did she re-enter the US without inspection? 

 

All of those above will have to be checked by USCIS and other federal agencies will be involved to establish these facts. So records in the last 15 years have to be checked. 

Edited February 12, 2023 by OldUser

[Rocio0010 5,579]

7 minutes ago, discoverusa said:

why the length of overstay

Her reason for coming here was to study. She soon realized she couldn’t afford it, but she ended up overstaying instead of going back home, which is what someone that can’t afford to study here should do. 

 

8 minutes ago, discoverusa said:

background of her spouse

Because USCIS might assume that they knew each other from before and that this was all planned out.

[discoverusa 258]

OP, you are better off scheduling an initial consult with immigration lawyer to go over the details. 

 

I see a lot of judgement here from other members who don't have all the facts. 

 

We still don't know if OP started school and then run out of money or simply never went. 

Edited February 12, 2023 by discoverusa

[Rocio0010 5,579]

1 minute ago, discoverusa said:

We still don't know if OP started school and then run out of money or simply never went. 

OP literally said on her first post “I never went to school”

 

…….

We are not judging. We’re laying facts

[Boiler 45,445]

5 minutes ago, discoverusa said:

OP, you are better off scheduling an initial consult with immigration lawyer to go over the details. 

 

I see a lot of judgement here from other members who don't have all the facts. 

 

We still don't know if OP started school and then run out of money or simply never went. 

We do not judge

 

Others here have been through the Student Visa process, I have not. I do know one of the very basic requirements is that you need to show sufficient funds to meet the requirements of the I 20.

 

So what happened?

 

Have I seen this before, of course, is this going to be an issue, most likely, the OP will need to be prepared, they get it easy here.

 

[discoverusa 258]

Good points Boiler. I always appreciate your responses as they are very factual and neutral. 

 

Other users, not so much...

[Crazy Cat 41,812]

27 minutes ago, discoverusa said:

OP, you are better off scheduling an initial consult with immigration lawyer to go over the details. 

 

I see a lot of judgement here from other members who don't have all the facts. 

 

We still don't know if OP started school and then run out of money or simply never went. 

" I came as F1 student visa to US but i never went to school i wasn't able to."

That's pretty clear.

 

 

Edited February 12, 2023 by Crazy Cat

[discoverusa 258]

2 minutes ago, Crazy Cat said:

" I came as F1 student visa to US but i never went to school i wasn't able to."

That's pretty clear.

 

 

You are correct. I missed that. 

Doesn't mean it's a lost cause. It will definitely be heavily scrutinized. 

[Crazy Cat 41,812]

Just now, discoverusa said:

You are correct. I missed that. 

Doesn't mean it's a lost cause. It will definitely be heavily scrutinized. 

You are correct.  It will be scrutinized more than once, I fear.