is past overstay an issue ?

**DvWinner** · 18th August 2004, 01:10 PM

Hello,
I'm a winner from Asia for DV2005 and am planning to do AOS ... my husband has overstayed in the past on an F1 visa .. then he left the country and then re-entered with me on an H4 visa ... do you think problems could arise because of this ? Please advise ..thanks ..

**merovingian** · 19th August 2004, 01:48 PM

If he entered on H4 then F1 overstay went unnoticed. Just do not mention it . Stay cool, everything will be fine. Especially that the main interest of immigration officers will be You , your marriage.
Just my opinion...

**LucyMO** · 19th August 2004, 06:43 PM

for F-1 students with D/S on their I-94 illegal presence does not start accumulating until an immigration officer makes an official determination that a student is out of status. If it went unnoticed - no deportation proceedings, etc., you will be fine.

**DvWinner** · 20th August 2004, 09:01 AM

Thanks all for your replies ..

But there is one more complication

He also worked without authorization when on the F1 ...
Do u think they will catch that ?

Thanks once again.

**LucyMO** · 20th August 2004, 11:16 AM

they could. if they ask - be honest, do not lie. Unauthorized work is not the end of the world.

**DvWinner** · 20th August 2004, 12:22 PM

LucyMo, Thanks so much for your advice

Hopefully this is my last question to you -

(1) My lawyer says I cannot do AOS because of my husband's history .. but I dont want to leave the country ..do u think I should just go ahead and file the AOS application myself ?

(2) Also, on the form for my husband , do u think I should include his ssn that he used when he was here on f1 and worked ..since he did file his taxes ..or should i just leave out his ssn since he is now on an h4 and h4 visa holders don't have ssn(s)

thanks, so much ...

**LucyMO** · 20th August 2004, 06:45 PM

1) you can adjust status - you are the winner. If in any case your husband cannot adjust, you should still be fine. Do file for both of you - it would look strange, if you file for yourself, your husband is in the U.S. and he is not filing with you.
2) be truthful in your answers. If he has SSN - indicate it. If you misrepresent information (or your husband) or lie to BCIS and you get found out - it's a deportation and a permanent ban on entry to the U.S.

**DvWinner** · 22nd August 2004, 09:48 AM

Thanks for your advice, LucyMO .. I feel much better now .. according to KCC, my number should be available in Nov .. will let you know how things go ..Thanks once again.

**Maverick80** · 22nd August 2004, 01:38 PM

hi
i was wondering whether some one could help me out....i'm one of the DV lottery 2005 winners from africa with a no of about 4 **** which i think is a little low...I'm currently on a F1 visa and i am planning to adjust status through the Dallas USCIS office which has a rapid adjustment of status program going on.From what i've read about it ,all you do is file in an application in person and if all the papers are in order you are accorded an interview the same day...My question is has anyone here any knowlegde about this program?? Do i have to wait for my cutoff number to take an interview date or can i go earlier...please help

**fickybabs** · 9th February 2005, 05:42 AM

hello everyone,my case number is AF000145xx my number was current on the bullent in january but i don't have my date yet,each time i called i'm always told that it as not been process,plz somebody should explain this to me.i'm really worried.

**adesoji** · 9th February 2005, 08:47 AM

when did you send your 1st pack ? may be you send it late.
you will need to continue in calling KCC .

**LucyMO** · 9th February 2005, 06:04 PM

Maverick, you have to wait for your number to be current. Some USCIS offices allow you to file some time before your number becomes current. Make an infopass appt and find out.

**LucyMO** · 9th February 2005, 06:05 PM

ficky, I know of some people whose numbers became current in October, and they still don't have interviews scheduled.

**rga** · 10th February 2005, 10:12 PM

Originally Posted by Maverick80

hi
i was wondering whether some one could help me out....i'm one of the DV lottery 2005 winners from africa with a no of about 4 **** which i think is a little low...I'm currently on a F1 visa and i am planning to adjust status through the Dallas USCIS office which has a rapid adjustment of status program going on.From what i've read about it ,all you do is file in an application in person and if all the papers are in order you are accorded an interview the same day...My question is has anyone here any knowlegde about this program?? Do i have to wait for my cutoff number to take an interview date or can i go earlier...please help

Maverick,
Texas Pilot Program allows you to get your interview the same day you file for AOS (if you have all required papers). In order to file AOS in texas, though, you have to be a Texas resident. If you are from another state they will not let you adjust your status there.