AOS from out-of-status F-1 Student visa to Permanent Resident

[Newbiie 0]

Hey everyone!

My case is a little bit more complicated. I came to the US on an F-1 visa, and ran into some financial problems along the way, didn't know what to do about my situation and could not go back home. So, I have not been registered in school for the past 2years and I have been out of status for about a year and a half now. I met my fiance a year ago and we are planning to get married by the end of this year in hopes to change my status and allow me to go back into school as a Permanent Resident and without having to send me back home and risk my inability to come back here.

Does anyone have any advice on what steps we should take? Are there any forms I need to fill? Should I get a lawyer? Is it actually possible for me to change my status and not have to get deported?

Pleaaase help!!!

Thanks

[Leo7777 243]

You can get married and then file all these forms together for AOS (Adjustment of Status):

I-130

I-485

I-864

G-325a One for each of you.

I-693

I-765

I-131

G-1145

Then, as I understand it, your immigration status will be in limbo until a decision is made.

During this limbo period, you will not be subject to deportation proceedings.

But . . . . at conclusion of investigation . . . you may be denied AOS and become subject to deportation. In absence of fraud, that doesn't seem to be happening.

The interesting thing about filing for AOS is that it seems to wipe away all problems for people who have ONLY overstayed student and tourist visas. Fraud, lying, etc., are other situations, however. Doesn't actually seem right to me, but that seems to be the situation.

Also, best to not say verbally or on any form that you two are getting married to prevent your deportation. You two are getting married because you are madly in love and cannot live without each other!!!!!

[Hypnos 6,576]

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

It's also worth noting that immigration considerations can be a factor in if / when you decide to get married, they just cannot be the sole factor (in USCIS parlance, "marrying solely to confer immigration benefits on the alien").

Edited October 24, 2013 by Hypnos

[discoverusa 267]

All of the above advice is very good. But remember not to travel while AOS is pending. Even with AP (I - 131) you will not be allowed back into the country. Stay put until it' s all over. Otherwise just follow guides closely.

[newacct 688]

Even with AP (I - 131) you will not be allowed back into the country.

Not true. She has no ban.

[Hypnos 6,576]

Since the OP is adjusting from an F-1 then their I-94 is likely endorsed "D/S", so they will only accrue overstay if an IJ makes such a ruling or USCIS themselves determine it during adjudication of another application.

In other words, it isn't a barrier to international travel the same way it could be for a person with a defined I-94 expiration date, and they will probably never have to worry about it becoming a problem.

Edited October 25, 2013 by Hypnos

[Teamswirly 3]

HI!!!i am also kenyan.I feel you on the out of status thing.I was forced to be out of status after my school changed its program that i was currently enrolled in and started class to be completely online.Just apply for AOS,and stay put!!!ii do not think it will be safe for you to travel coz you have been out of status for a long time.Once you apply AOS your good and your status is no longer f1 so hopefully you should be able to start school as a conditional permanent resident

[discoverusa 267]

HI!!!i am also kenyan.I feel you on the out of status thing.I was forced to be out of status after my school changed its program that i was currently enrolled in and started class to be completely online.Just apply for AOS,and stay put!!!ii do not think it will be safe for you to travel coz you have been out of status for a long time.Once you apply AOS your good and your status is no longer f1 so hopefully you should be able to start school as a conditional permanent resident

I agree. Once you accrued unlawful presence you are subject to entry ban (in this case 10 years). I can not emphasize it more: Don't travel while AOS is pending, even with AP. I was in similar situation and IO must have asked me at interview maybe ten times if I traveled. Thankfully I did not.

If someone in similar situation was able to enter the country, please let me know. I would be very interested to hear about it.

[newacct 688]

I agree. Once you accrued unlawful presence you are subject to entry ban (in this case 10 years). I can not emphasize it more: Don't travel while AOS is pending, even with AP. I was in similar situation and IO must have asked me at interview maybe ten times if I traveled. Thankfully I did not.

If someone in similar situation was able to enter the country, please let me know. I would be very interested to hear about it.

The thing is, the OP has not accrued any unlawful presence. So none of this applies.

[Newbiie 0]

Thanks for the advice guys! I really appreciate it. I was getting worried and I'm so glad I came along this website.

So, should I file for AOS before going through marriage or the other way round?

[Hypnos 6,576]

You have no basis upon which to file until you get married to a US citizen.

[Newbiie 0]

You can get married and then file all these forms together for AOS (Adjustment of Status):

I-130

I-485

I-864

G-325a One for each of you.

I-693

I-765

I-131

G-1145

Then, as I understand it, your immigration status will be in limbo until a decision is made.

During this limbo period, you will not be subject to deportation proceedings.

But . . . . at conclusion of investigation . . . you may be denied AOS and become subject to deportation. In absence of fraud, that doesn't seem to be happening.

The interesting thing about filing for AOS is that it seems to wipe away all problems for people who have ONLY overstayed student and tourist visas. Fraud, lying, etc., are other situations, however. Doesn't actually seem right to me, but that seems to be the situation.

Also, best to not say verbally or on any form that you two are getting married to prevent your deportation. You two are getting married because you are madly in love and cannot live without each other!!!!!

Thanks for the advice Leo7777!

Did you have to go through a similar process?

[Leo7777 243]

The thing is, the OP has not accrued any unlawful presence. So none of this applies.

The OP said in first post: "So, I have not been registered in school for the past 2years and I have been out of status for about a year and a half now."

So he/she was in violation of the University issued I-20 which is the document that allows the stay in USA up to D/S.

Now, as others will tell you, I am still learning here; so teach me.

As I understand it, the AOS filing takes the person out of F-1 status; and the Advance Parole allows for travel outside USA. But, since the OP was in violation of his/her previous documents, it would still seem to be a bit risky to step outside the USA.

[Leo7777 243]

Thanks for the advice Leo7777!

Did you have to go through a similar process?

I am the US citizen, and my situation does not involved a person being out of status on an I-20.

[newacct 688]

The OP said in first post: "So, I have not been registered in school for the past 2years and I have been out of status for about a year and a half now."

So he/she was in violation of the University issued I-20 which is the document that allows the stay in USA up to D/S.

Now, as others will tell you, I am still learning here; so teach me.

As I understand it, the AOS filing takes the person out of F-1 status; and the Advance Parole allows for travel outside USA. But, since the OP was in violation of his/her previous documents, it would still seem to be a bit risky to step outside the USA.

She was out of status, but out of status does not equal unlawful presence. Unlawful presence is what is relevant here. People admitted on D/S usually cannot get unlawful presence.