Change of status with I-94 expired

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raj_patel_86

Registered Users (C)
Hi,
I legally came to US in 2009 on Visit visa, i stayed for 3 months and then applied for a change in visa to student visa through the student exchange program. I got a reply after 2 months and was rejected. I continued staying in the US thus my I-94 expired. After 4 months of staying without status, i married a US citizen.

I want to ask that can my spouse sponsor me to change my status to green card and will the rejection of the student visa which is also mentioned on the back of my I-94 card(which says I-539 COS/EOS Denied) have any effect on it. Can you please tell me the procedure my wife need to follow (in detail) on how to sponsor me. (Me and my wife are both living in the US together right now).
An early reply would be appreciated .
Thanking You.
 
You have huge problems facing you dude! How long have you known your wife? When did you come to the US? Month is what I am looking for. IMO, you will have a hard time with USCIS, because you clearly had immigration intention concealed in your tourist adventures. I would prepare for the looming battle...

COS/EOS stands for is No Change of Status, Extension of Stay. This will include a green card petition, but people have been known to test the limits of the law by applying. IF you want to take the fight to USCIS by filing for the green card, the I-94 notes will need to be rendered mute and less important (No COS/EOS). How have you been financing your stay in the US since 2009? Did you have a financial guarantor for your visa?
 
Al Southner said:
IF you want to take the fight to USCIS by filing for the green card, the I-94 notes will need to be rendered mute and less important (No COS/EOS).
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First off, he's filing an AOS, not COS or EOS. Second, the I-94 annotation cannot eliminate his rights under Section 245 to file an I-485 based on an I-130 filed by his wife.

You are correct in stating that USCIS will be highly suspicious of the validity of the marriage.
 
I did not marry my wife with the intention of getting a green card. I have a lot of stuff involving pictures and videos of my marriage with all my relative in there to proof that it is a proper marriage and not a fake one. secondly I am an Asian from India, my wife is also from India. I came to US last year in October.
My I-94 doesnt say "No COS/EOS" but it says "I-539 EOS/COS denied" thats is because i applied for the student exchange program by submitting form I-539.
 
raj_patel_86 said:
I did not marry my wife with the intention of getting a green card. I have a lot of stuff involving pictures and videos of my marriage with all my relative in there to proof that it is a proper marriage and not a fake one. secondly I am an Asian from India, my wife is also from India. I came to US last year in October.
My I-94 doesnt say "No COS/EOS" but it says "I-539 EOS/COS denied" thats is because i applied for the student exchange program by submitting form I-539.
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You don't have to convince me that your marriage is legitimate, USCIS offices is the entity that need an assurance. However, since you have pictures and videos, should I assume they precede this recent marriage? Whereas that will prove your relationship has existed for a long time, it will also raise questions about your intention at the time of your visa issuance. You came on a tourist visa, with the intention to marry your woman. USCIS will conclude the denied visa and your marriage were effort to circumvent immigration laws. As I said, just prepare to explain your case convincingly to the immigration officers.

USCIS isn't against marriages done under religious umbrellas, as long as they are bona fide.
 
i know i have to proof this to USCIS, on more thing which might be in my favor is that i have been visiting US since 1993, and i have been here like 6 times and have never over stayed , so i can also tell them that if my intention were like that i could have easily stayed in my previous visits, which i didnt. So why would my intentions would be like that this time round.
I think this point goes in my favor??
 
raj_patel_86 said:
i know i have to proof this to USCIS, on more thing which might be in my favor is that i have been visiting US since 1993, and i have been here like 6 times and have never over stayed , so i can also tell them that if my intention were like that i could have easily stayed in my previous visits, which i didnt. So why would my intentions would be like that this time round.
I think this point goes in my favor??
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Actually, that point makes you look like a whiner. For example, if you rent a car from Budget for a week, you are supposed to return the car back to Budget with a full tank of gas (unless you prepaid for refill) and when you return it, you can't tell the people, oh...i didn't put the gas in the car, just be glad I returned it. You cannot tell the IO that you could have stayed in your previous visits, but because you returned to India on all previous occasions, except this one, you should be viewed in a positive light. In my view, the fact that you tried to change your visa to another type, is a huge problem that you will need to overcome in the eyes of USCIS. An IO will automatically assume that once that request was denied, you somehow found a woman to marry within 4 months of being denied the visa change.

Just prepare for a difficult process at the hands of USCIS. What is your state? It is possible also that USCIS might ignore all those factors and give you a green card.
 
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some more info:

i applied for the change in visa on March 15,
applied for the semester to start june 5
my i-94 got expired on April 17,
(papers were filed through college)
i got a letter from uscis that your status expired prior to the program start date.
Thats was the reason i got a denial.
 
raj_patel_86 said:
i got a letter from uscis that your status expired prior to the program start date. Thats was the reason i got a denial.
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That was the easiest reason. If that hadn't been the case, USCIS would have denied your COS to F-1 based on the fact that unless your I-94 is annotated with an intention to seek studies, you cannot COS from B to F-1.

Probably the safest course of action is to leave the US prior to 180 days since April 17th (soon!) and get your immigrant visa via consular processing.
 
TheRealCanadian said:
USCIS would have denied your COS to F-1 based on the fact that unless your I-94 is annotated with an intention to seek studies, you cannot COS from B to F-1.
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well i dont think so, because i know more than 10 people who have changed there status to F1 (who came on a visit visa) pretty easily, and i did the same way through my university, if it was something illegal to do the university would never have supported it and this is what International student Exchange program is all about.
 
The page link you provided also proofs that applying to change your status to student (f1) is Legal. Secondly i dont understand why the USCIS will give me a reason of "expiration of i-94 before program date" when they have to deny me what ever it takes, and if they really have to then why they have a exchange visitor program.
 
raj_patel_86 said:
The page link you provided also proofs that applying to change your status to student (f1) is Legal.
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Sure, you can do a COS to F-1, but note this part:

A nonimmigrant who wishes to enter the United States and visit schools with the intent of possible attendance should declare his or her intention and have Prospective Student noted on the Form I-94. Otherwise, if a B-1/2 nonimmigrant wishes to change to an F-1 or M-1, he or she must provide evidence to explain the change of his or her primary purpose for entering the United States.

Was your I-94 so annotated? And FWIW, I believe that their justification for denying the COS was valid, if approving it meant a gap of valid status between the end of your I-94 and the start of the program. You could have left the US and returned when it was time to start; that's what others do.

You probably do need a consultation with an attorney to see what evidence you can put together to convince USCIS of the legitimacy of your marriage. Do you reside together? Shared assets? Children?
 
OP.. just have your wife file I-130 ASAP, and you file I-485 (along with the required forms). You will be just fine.
I have seen a 29-year old south asian marrying a 47 year old hill-billy trailer trash white lady with adult kids of her own, living separately get approved for GC right at the first interview - blew my mind, but it happened. The dude basically left immediately after getting his GC, the wife doesn't even know where he is and having issues getting a divorce.

So, OP - if your marriage is real - you don't have anything to worry about.
 
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