B1 to F1

emiko

Registered Users (C)
I overstay on B1 and I'm studying in public high school right now. However, my cousins are all US citizens. I don't know what is the right thing to do to adjust my status, apply for green card, or change to student visa. Even though I overstay on B1, I just read the article that says the 3,10 years bar won't matter if I'm under 18. I'm 17 years old. I wonder if I can go back to my country to apply for F1 and return to US. Plz help...Thanks
 
on what basis are you going to apply for a GC? Your cousins can't sponsor you. Being out of status prevents you from changing status to F-1. The only way for you to go is to leave the States and then apply for F-1 visa. Good luck!

Or waiti till you are 18, find a USC husband and get adjusted. Always keep a copy of your I-94 or the original if you don't leave the States, visa stamps, stamps in your passport, etc.
 
OPT and Wedding Bells

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This is by far the site I have learned the most from. Thank You all.

Now my Q: I came here for grad school and loved it part of that was cos I fell in love with a rather lovely bloke. US Citizen.

I am now 3 months into my OPT. It ends next August. My profession does not sponsor people so we are kinda stuck between a rock and hard place. We have decided to marry and I guess we need to know the answers to these Q's.

When is the best time for us to marry?

Is it true that I have to apply for a staus change 3 months before my OPT ends, so that my status is uninterrupted?

What would we need to file? When would we need to file it?

If we marry in his home state but live in another where would need to file papers and have this immigration interview?

At what stage should we seek legal advice....we are recent grads and do not have a lot of money so we want to do this at the last minute to give us time to save for our wedding!

That's it, would be greatful for any help that you guys could offer.
 
When is the best time for us to marry?
Any time. Better yet, about 3-4 months before the end of your OPT.

Is it true that I have to apply for a staus change 3 months before my OPT ends, so that my status is uninterrupted?

No. You should apply for adjustment of status about 3.5-4 months before your OPT ends if you want to WORK without interruption, because it takes about 2-4 months to get a work permit based on AOS. Other than that you should apply for AOS about 3 weeks before your OPT expires. Try not to do it after it expires. Just in case.

What would we need to file? When would we need to file it?

You will need a copy of a marriage certificate and your birth certificate. Your USC spouse will need his birth certificate or a certificate of naturalization, or US passport. As to when - see answer above.

If we marry in his home state but live in another where would need to file papers and have this immigration interview?

everybody now has to file with the Chicago lockbox, except people in Dallas, TX. Read the instructions in form I-485. Do send I-130 and I-485 together in one package. The interview will be in the district you reside in. Every time you change address, you are required to send form AR-11. Better move first, and then file all the papers, otherwise they may get lost.

At what stage should we seek legal advice

you have never been illegal. Why would you need legal advice? If you can fill your papers yourself (anybody who speaks English will do it with relative ease), then you don't need to pay a lot of money to someone to do it for you.
 
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