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  #1 (permalink)  
Old 02-25-2010, 09:08 PM
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Default Out of stutus F1 married to an US citizen questions?

Hello,
I came here as F1 visa but I'm out of stutus now. Here is some background:
I came here in september 2006 as F1 visa. I took 2 english quaters at the university then tranfer to another school in april 2007 ( Let calls them MSU). MSU gave me I 20 and it expried on March 2010. But due to financial problem, I did not register class at MSU after april 2007 so I was out of status. After that, I started register class at MSU in september 2008 and stoped in april 2009. I did not register any class after april 2009. I talked to my advicesor and she said, since I have been in school on and off so no matter that i went back to school some, I still out of stutus.

I have been my boyfriend for almost 3 years now and we want to get married ( He is an US citizen). I really dont know if i will get trouble because of my stutus or where to start? like what files do we have to fill, etc....
Any advice would be appreciate! Thank you so much for your time!
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  #2 (permalink)  
Old 02-26-2010, 02:28 AM
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Default Out of status F1 married to an US citizen questions?

If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.

All these forms are available at the USCIS website.

They will ask you to come for fingerprining at a biometric center in a few weeks.

After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.

Goodluck with the process !

Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.
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  #3 (permalink)  
Old 02-26-2010, 12:31 PM
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Default Advise

Don't give advise, if you are not sure.
Nobody can file AOS, if they are out of status.
If it was the case every one will make it that way.
Your advise is good, if she is in status. Filing I-485, AP, EAD ....ETC.
She need to consult a reputed immigration lawyer first before the marriage.
Out of status more than 6 months will trigger a ban from 3 to 10 years.

CONSULT A LAWYER.

Quote:
Originally Posted by deecha View Post
If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.

All these forms are available at the USCIS website.

They will ask you to come for fingerprining at a biometric center in a few weeks.

After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.

Goodluck with the process !

Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.
__________________
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I am not a lawyer. This is my personal opinion.
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  #4 (permalink)  
Old 02-26-2010, 02:07 PM
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Quote:
Originally Posted by dealsnet View Post
Don't give advise, if you are not sure.
Nobody can file AOS, if they are out of status.
....
CONSULT A LAWYER.
Follow your own advice. You are incorrect here.

Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.

Rules are different if I-485 application is filed based on marriage to US citizen.




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  #5 (permalink)  
Old 02-26-2010, 04:28 PM
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Default

Quote:
Originally Posted by desi3933 View Post
Follow your own advice. You are incorrect here.

Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.

Rules are different if I-485 application is filed based on marriage to US citizen.




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Not a legal advice.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.

Last edited by deecha; 02-26-2010 at 04:55 PM.
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  #6 (permalink)  
Old 02-26-2010, 04:47 PM
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Default

Quote:
Originally Posted by bearstory View Post
Hello,
I came here as F1 visa but I'm out of stutus now. Here is some background:
I came here in september 2006 as F1 visa. I took 2 english quaters at the university then tranfer to another school in april 2007 ( Let calls them MSU). MSU gave me I 20 and it expried on March 2010. But due to financial problem, I did not register class at MSU after april 2007 so I was out of status. After that, I started register class at MSU in september 2008 and stoped in april 2009. I did not register any class after april 2009. I talked to my advicesor and she said, since I have been in school on and off so no matter that i went back to school some, I still out of stutus.

I have been my boyfriend for almost 3 years now and we want to get married ( He is an US citizen). I really dont know if i will get trouble because of my stutus or where to start? like what files do we have to fill, etc....
Any advice would be appreciate! Thank you so much for your time!
Both desi3933 and deechi are right.
on the side: You intend doing a course in English (may be to do a job). Your english tells all you care for english. You sure need to improve your english... even in an informal set up
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  #7 (permalink)  
Old 02-27-2010, 12:13 AM
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Default

Quote:
Originally Posted by deecha View Post
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
Moreover 3/10 ban will apply only when someone is trying to re-enter US. That means if you stay in US until you get green card ban will never affect.
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  #8 (permalink)  
Old 02-27-2010, 11:33 AM
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Default Gc

That is why US consulate is not giving visit visa to Indian youths 15-35 years of age.
They know, these guys will come here and work then marry a US citizen to remain legal.
So need legal entry is required, then remain illegal, without any problem, just marry a US citizen.
This is giving a problem to deserving visit visa applicants.

Quote:
Originally Posted by deecha View Post
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
__________________
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I am not a lawyer. This is my personal opinion.
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  #9 (permalink)  
Old 04-26-2010, 11:10 PM
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Default

Thank you everyone for your reponds. We are going to have a wedding in August, 2010. Can we fill the I30 and other forms now or we have to wait until after the wedding?
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  #10 (permalink)  
Old 04-27-2010, 03:42 PM
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Quote:
Originally Posted by bearstory View Post
Thank you everyone for your reponds. We are going to have a wedding in August, 2010. Can we fill the I30 and other forms now or we have to wait until after the wedding?
definitely after you get married. one of the important papers to send in will be your proof of marriage (marriage certificate)!!!!!!!! can't rush these things.
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  #11 (permalink)  
Old 05-24-2010, 02:43 AM
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Thank you everyone!
We want to get married in court ( simple) in late may, 2010 so we can fill all of the paper work but we are going to las vegas for the real ceremony in late september 2010. Do you think the USCIS will get suspicious?
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