Overstayed F-1 questions

N

nmuntz

Registered Users (C)
Hi,
I have overstayed my student visa for almost a year now and I am seriously thinking about going back to my home country right now.

My girlfriend is a permanent resident and she will be eligible to become a US citizen in about 8 months and she will request my adjustment of status as soon as she becomes a citizen.

I am thinking in going back to my home country in the meantime. My question is will I be banned from entering the US for 10 years even though I will be married to a US citizen? If I want to adjust my status should I stay?

Thanks a lot in advance.

Regards,
 
You better to get married right now and start to apply for your adjustment status, they will send you a travel document, and you will be safe when you come back to U.S. Goodluck!!!!!!
 
With D/S, you are not illegally present unless you have been in immigration proceedings which you would likely have mentioned. Your visa was only for entry, so you are not an overstay because of that. I assume you mean your I-20 and that you are not currently in school. Am I correct?. Do you know of any immigration proceedings against you? What did your DSO tell you?
 
Indeed, I meant my I-20 expired and I am currently not enrolled in any school.

As far as I know there is no immigration proceedings against me, and I have not heard anything from the DSO. One semester I took 9 credits instead of 12 and I did get a letter from my school saying that I still had to take one more class in order to keep my status which I never did and never heard back from the school.
 
You are out of status but not accumulating an overstay due to your I-94 showing "DS". Stay put, marry your GF and apply for AOS once she takes her oath.

nmuntz said:
My question is will I be banned from entering the US for 10 years even though I will be married to a US citizen? If I want to adjust my status should I stay?
Click to expand...
 
If I go back to my home country and marry my girlfriend when she becomes a US Citizen, will I be allowed back in the US? Or will I be penalized for overstaying?

Thank you very much in advance for your help.
 
One more question... can i apply for AOS by marrying my girlfriend right now, while she is a permanent resident? Or should we wait until she becomes a citizen?
 
Get married now, but don't start filing until she becomes a USC. While you wait for her to become a USC, spend the time gathering all the evidences you will need when you DO start the filing process. Don't travel anywhere.
 
For AOS, she needs to become a citizen first and yes you will be penalised for overstaying if you leave the country and try to re-enter.

nmuntz said:
One more question... can i apply for AOS by marrying my girlfriend right now, while she is a permanent resident? Or should we wait until she becomes a citizen?
Click to expand...
 
Naturalization is not immediate upon application. When my SIL applied, the process was taking over a year in her location. So expect additional delay in addition to the wait for eligibility.
 
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