A warning from school about out of F1 status

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cflam0625

Registered Users (C)
Here is my case. I came to the U.S by F1 visa three years ago. I got engaged this February and we planned to get married. Due to the documentation of my fiance' divorce, we are unable to get the marriage licence until later on this month.

In the meantime, I just got an email from school, it mentioned:

"I noticed you are not enrolled in classes Fall 20091. Are you currently in the U.S. Please respond within 48 hours."

I totally understand I'm now out of F1 status due to absence from school this term. Should I reply to them I'll be getting married soon or ignore it? I'm so scared now that they will send immigrations to get me. I know I can't leave from the U.S now. Otherwise, I'll be banned coming back for specified years, say 10 years. If I don't leave, I'm so scared that the immigration dept. or USCIS will come to our house to get me to be deported. That will be a deadend.

Does anybody give advise to me? I would be greatly appreciated.

Daphne
 
they are not going to send any one after you and they don't care. Tell them your taking a break this semester or quarter and buy time while your getting married.
 
beemer8 said:
they are not going to send any one after you and they don't care. Tell them your taking a break this semester or quarter and buy time while your getting married.
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Are you willing to bet on this?

I have heard of several cases of ICE agents raiding on an out of status F1 student... regardless of his marriage and AOS filing intentions.
 
Thanks for you guys advices. So, what can we do now? I can't reply to school and I can't leave from the US either.
 
Who said you can't leave from the US? For as long as you have not been notified that you are out of status yet, you do not accrue illegal presence, and you will not be banned from the USA until you have accumulated 180 days of illegal presence.

Can you register for Fall 2009? that would be the best thing.

Otherwise, you may want to consider going home and under going consular processing... otherwise, you may or may not be raided by ICE and have to fight your case detained and in front of an immigration judge in removal proceedings.
 
there is hardly anything you can do now, dont stress yourself out , and lets hope they dont come after you, try to prepare the paperwork for filing your GC , and keep it ready send it out the next day you guys get married.
 
PS. if you know you have overstayed , dont try to leave the US under any circumstances, there is a strong chance you will get some sort of ban from coming back
 
Thanks for your advices, doctor1. My visa will be expired in 2011 and my I-90 was renewed when I came back here this summer. I know even they are in good order but if I don't go to school, my F1 is still out of status. The major reason I skipped school this term because I don't have sufficient money ($3800) to pay for it at this moment. I was thinking we could get married in August in which it didn't happen. We have prepared all the immigration applications except the medical exam. and we don't have the marriage licence. I'm thinking to leave from our house and stay in my friend's house couple weeks until we get the marriage licence. Just in case the immigrations ....
 
Immigration isn't going to come knocking on your door right away. They prefer to target criminal aliens. Why don't you just apply for a K-1 visa, you can get license next week and get married at the court house for almost nothing.

cflam0625 said:
Thanks for your advices, doctor1. My visa will be expired in 2011 and my I-90 was renewed when I came back here this summer. I know even they are in good order but if I don't go to school, my F1 is still out of status. The major reason I skipped school this term because I don't have sufficient money ($3800) to pay for it at this moment. I was thinking we could get married in August in which it didn't happen. We have prepared all the immigration applications except the medical exam. and we don't have the marriage licence. I'm thinking to leave from our house and stay in my friend's house couple weeks until we get the marriage licence. Just in case the immigrations ....
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Hi dafortycal, thanks for your suggestion but i thought K1 visa is for fiance who's outside the U.S. I've been here since 2005 under F1 status. I just skipped going to school this term. We're planning to change my status after we get married here. In fact, we have prepared all the applications and fees as USCIS advised. THANKS!
 
Anyway, should I reply to school or ignore them since I knew what the consequences are if I tell them I'm still in the States but didn't enrol the class?
 
cflam0625 said:
but i thought K1 visa is for fiance who's outside the U.S.
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Correct, plus it takes months to be approved.

Don't worry too much about your status, ICE is generally not interested in overstaying students. Just get married while you can and then file for for your GC. If you're not sure how long you may have been out of status, you may want to not leave the US so as to not trigger a possible 3 year bar.
 
yes, i agree with other asking you to take a chance, the odds a very slim that some ICE agent is going to come after you, they have bigger problems to worry about then some petty f1 over stay especially you entering the country legally.
 
The school has to send you that email, they are obligated to do so. If I were you, I would stay with a friend for a while and as advised before send the paperwork asap.
Good luck
 
I did. I asked my only friend who goes to school with me but after she talked to her parents. She implied that she couldn't do it because they were afraid of getting any trouble (they were PR). They thought I'm now an illegal immigrant (technically). I also don't want my in-law-to-be worry about us. I asked my Fiance' not to open the door no matter who's out there. Hoping he will get the divorce document next week then we can get married, and mail the immigration document.
 
No to scare the OP, but it is easier for ICE to track students who over stayed than those who crossed the border uninspected.

beemer8 said:
they have bigger problems to worry about then some petty f1 over stay especially you entering the country legally.
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Thanks for everybody here! We got the call from the lawyer that his divorce record has been updated to the system today. We just went to the courthouse and GOT OUR MARRIAGE LICENCE, YEHA! We can get married at anytime after this weekend. We'll probably will do it on Monday (11/17). For sure, we still have a long way to go before I can be have back my identity here. Hoping everything will be working out fine.
 
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