Shocker At Interview!!!!!!!!!

[kaytee]

I Am An F1 Student Out Of Status, Never Left The Country Since I've Been Out Of Status (since 2004). Been Married To Usc Since 2005.had My Interview Last Week. Io Says I Need To Complete A Form I-601 To Apply For A Waiver Because I Was Out Of Status. I've Read So Many Cases On This Forum Which Were Similar To Mine Never Seen Anyone With That Issue. I Submitted The I-601 Same Day. Havent Gotten Any Response From Uscis Since. Interview Went Very Well Im Just Shocked Cause I Thought Been Married To A Usc Would Have Forgiven The Fact That I Was Out Of Status. The Io Says Not For F1 Students. Has Anyone Else Has This Experience? IM CONFUSED NOT SURE IF THE WAIVER WILL BE APPROVED OR NOT

[godisgoodtome]

waoo.. stranger stuff about F- 1 keeps coming up every dy.. whats up with that... i've never heard of that before with f-1 overstayed waiver........
hmnn what happen to marrying a USC???? and all the goodies that comes with it.??

[boatbod]

Sounds like its time to consult with a lawyer or two.

[semaja]

Your DO is wrong!!!!!!!!!!!!!!!

The marriage to the USC corrects the "out of status" situation. I know it is difficult, but you should try consulting with someone above him.(like a supervisor or something)

[LucyMO]

DO is wrong. The waiver is not needed in your case. Get a lawyer and reopen your case. Make an infopass appointment and get to talk to somebody else. Get the facts straight. Print out information about the spouses of USCs.

[niceguy_nyus]

http://www.uscis.gov/files/form/I-601instr.pdf

[godisgoodtome]

Originally Posted by kiddhan625

We filed the 601 based on the lawyers advice. He stated although most times it is not required...its is recommended one should file it if they have overstayed their visa. Better safe then sorry.

Exactly,, "Overstayed their Visa", but an f-1 staudent visa expires one year after he or she graduates from college. Now being out of status is a differnt thing,,, 'cos you still have D/S on your 1-94, and anything would have happened like... Sickness or whatever that kept you out of school.
Well I will have to do more research on that... it's very new and strange to me...
Anyways good you filled, but it does no really make sense why....lol

[godisgoodtome]

Originally Posted by niceguy_nyus

http://www.uscis.gov/files/form/I-601instr.pdf

this form is about infection control...lol..
I'm not sure what this has to do with F-1 being out of status.

[Triple Citizen]

The officer is either a rookie or simply overzealous. In either case, the OP needs to speak to his supervisor.

[Greencattle]

I'm surprised to know that you needed to file I-601.
I'm on yr same boat. I think I 'd better to file it before than after
On the application of #10, what did you fill about this question?
Applicant was declared inadmissible to the United States for the following reasons: (List acts, convictions or physical or mental conditions)

Also for the question of #8 Date of Visa Application, did you fill in your previous F1 visa date?

#9 Visa applied for at : What is this question about?

I wish you best of luck and get the response from USCIS soon!!

Anyone who knows the questions plz help Thanks!!

[Greencattle]

Originally Posted by kiddhan625

We filed the 601 based on the lawyers advice. He stated although most times it is not required...its is recommended one should file it if they have overstayed their visa. Better safe then sorry.

Did you file I-601 together with your I-485 packet? Did you send I-601 together with your I-485 packet to the Chicago Lockbox address?

[LucyMO]

Originally Posted by godisgoodtome

Exactly,, "Overstayed their Visa", but an f-1 staudent visa expires one year after he or she graduates from college. Now being out of status is a differnt thing,,, 'cos you still have D/S on your 1-94, and anything would have happened like... Sickness or whatever that kept you out of school.
Well I will have to do more research on that... it's very new and strange to me...
Anyways good you filled, but it does no really make sense why....lol

F-1 visa may expire long before the status does. It has nothing to do with legality of one's stay in the US. If you are not sure, please do not confuse people.

With D/S in their I-94 people do not accumulate illegal presense until an immigration officer makes an official determination that the person is illegally present. Until then they are simply out of status. Being out of status or even illegally present is not an obstacle to those married to USC and who have entered legally with an inspection. If they do not get deported before they apply for AOS, their illegal stay is forgiven at the time of the AOS interview.

Read the instructions on I-485 carefully.

[PraetorianXI]

Originally Posted by LucyMO

If you are not sure, please do not confuse people..

Great advice

[Greencattle]

then. How come kaytee's case require filing of I-601? She was an expired F1 student.

[godisgoodtome]

Originally Posted by LucyMO

F-1 visa may expire long before the status does. It has nothing to do with legality of one's stay in the US. If you are not sure, please do not confuse people.

With D/S in their I-94 people do not accumulate illegal presense until an immigration officer makes an official determination that the person is illegally present. Until then they are simply out of status. Being out of status or even illegally present is not an obstacle to those married to USC and who have entered legally with an inspection. If they do not get deported before they apply for AOS, their illegal stay is forgiven at the time of the AOS interview.

Read the instructions on I-485 carefully.

the bottom question was filing for 601... and basically the staus thing is just a rearrangement of wrods on your part.,.. its basically the same thing.....
Overstayed a an F-1 with D/S , is not the same as out of status which is not being enrolled in school.
anyway.. just a pointer..... not an educator.....

[Greencattle]

It sounds like out of status is different from overstayed F1 with D/S. To USCIS, are they two different things or all in the same category? As far as I know, USCIS looks whether you are inspected or not..... The instruction of I-601 doesn't clearly state who should file the form besides those who are infected with illnesses.

We need Kaytee to tell us whether her F1 expired or simply she stopped attending school when she was required to take class.

[godisgoodtome]

Originally Posted by Greencattle

It sounds like out of status is different from overstayed F1 with D/S. To USCIS, are they two different things or all in the same category? As far as I know, USCIS looks whether you are inspected or not..... The instruction of I-601 doesn't clearly state who should file the form besides those who are infected with illnesses.

We need Kaytee to tell us whether her F1 expired or simply she stopped attending school when she was required to take class.

Exactly my point. I also think that the USCIS has their own guidelines and timming about the whole F-1 thing which is very broad... out of staus , graduated but overstayed.....
But in general, mariage to a USC... and applying GC... usually takes care of all that.

[kaytee]

I started school in 2003. Had financial difficulties in fall 2004 and had to withdraw from school. At the time of withdrawal had a valid form I-20. As an F1 you are not allowed to miss more than one semester or else you are out of status. My student visa doesnt expire until 2008. But that has nothing to do with my status . The fact that i had to withdraw from school is what made me out of status.

[Greencattle]

Thanks kaytee to clarify the case.
I guess USCIS requires you to file I601 simply because you were withdrawal from school when you were required to do so and you have to explain the situation.

[Elvi_C]

I'm so confused now , i'm in the same boat as Kaytee, my husband just became a USC and I almost have everything ready. I came with a tourist visa and filed for a Extend/Change Non-Immigrant Status to F1 back in 2000, which was approved, I never left the country so I don't have the F1 visa stamped on my passport, only the approval notice with the new I-94, which by the way came with the same number as my original I-94 but with a D/S as expiration date. For the I-485 I made copies of my original I-94 as well as the approval notice with the new arrival/departure record attached to it. I thought being married to a USC took care of out of status, unlawful presence....etc...as long as one was inspected by an immigration officer when entering the country
Very confused!!! Should I also file the form Kaytee is talking about??

[PraetorianXI]

STUDENTS (F-1 VISA) OVERSTAYS MEAN NOTHING WHEN THEY MARRY AN UNITED STATES CITIZEN. OVERSTAYS/ILLEGAL EMPLOYMENT WILL BE FORGIVEN. THERE IS NO NEED TO FILE I-601. THE OFFICER WHO SAID SO IS EITHER OVERZEALOUS OR UNEXPERIENCED AND IS WRONG.

Is that clear enough?

[Greencattle]

PraetorianXI, your big fronts calm me down and drop my adrenanline hahahaha. Thanks

I have done researched about the I-601. See if it helps
The I-601 Waiver is most commonly required if the alien has committed immigration fraud, has a criminal record, or has been unlawfully present in the United States for more than 180 days and is now outside the US. The waiver is available for the fiance(e) of a citizen, the spouse of a citizen or permanent resident, and for the child of a citizen or permanent resident.

Also check http://www.visacentral.net/I601Memo.pdf

[PraetorianXI]

Originally Posted by kiddhan625

Yes look at my sig line! Everything was filed together. This was based on the attorneys advice. He stated that although it MAY NOT BE REQUIRED...IT'S BETTER BE SAFE THEN SORRY!

Oh really, then you surely must have filed for

Application for Posthumous Citizenship - N644

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

You must have, I mean... although it may not be required (and of course it is not! ) it is better to be safe than sorry!

[Greencattle]

Originally Posted by kiddhan625

Yes look at my sig line! Everything was filed together. This was based on the attorneys advice. He stated that although it MAY NOT BE REQUIRED...IT'S BETTER BE SAFE THEN SORRY!

What evidence did you provide for filing i-601? How do you answer the question #10 Applicant was declared inadmissible to the US for the following reasons, List acts, convictions, or physical or mental condition)

[Greencattle]

Originally Posted by kiddhan625

No evidence other then the standard (copy of all pages in passport, i-94, etc).

As far as question 10 I don't currently have the documents on me so I can not remember.

Did you write any letter in additional to the i-601?
USCIS website lists the filing fee is $545. I read from somewhere mentions no fee is required if filing with i-485packet. Which one is true?

[godisgoodtome]

Originally Posted by kaytee

I started school in 2003. Had financial difficulties in fall 2004 and had to withdraw from school. At the time of withdrawal had a valid form I-20. As an F1 you are not allowed to miss more than one semester or else you are out of status. My student visa doesnt expire until 2008. But that has nothing to do with my status . The fact that i had to withdraw from school is what made me out of status.

Thanks for that description, I have been trying to get that accross on this forum.

[LucyMO]

Originally Posted by Greencattle

I guess USCIS requires you to file I601 simply because you were withdrawal from school when you were required to do so and you have to explain the situation.

Falling out of status for F-1/J-1 student may be caused by different things: illegal employment, dropping course load below full time, expired I-20 (overstay), withdrawing from school altogether, etc. They all lead to being out of status. But not necessarily to accumulating illegal presense, see above.

I-601 is not required in this case if married to a USC and there is no deportation/removal order for you.

[chocolat]

Originally Posted by LucyMO

Falling out of status for F-1/J-1 student may be caused by different things: illegal employment, dropping course load below full time, expired I-20 (overstay), withdrawing from school altogether, etc. They all lead to being out of status. But not necessarily to accumulating illegal presense, see above.

I-601 is not required in this case if married to a USC and there is no deportation/removal order for you.

<< Where did you find that information? Tks!

[TheRealCanadian]

Originally Posted by chocolat

<< Where did you find that information? Tks!

This exemption is contained within Section 245 of the INA. I've posted the exact sections somewhere else in this forum in the past.

[kanhaiya80]

The overstay (less than 180 days) and illegal working is pardoned only to the students living in the US or it is also pardoned for the students who has left US ?