raj_patel_86
Registered Users (C)
yup we are living together and we have a bank account under both of our name.
Change of status with I-94 expired
- Thread starter raj_patel_86
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Al Southner
Registered Users (C)
Once again, I support the advise given by The Real Canadian (TRC), leave and file via the consular to avoid problems. However, it seems as if you have decided to dismiss this option, because somehow it is not granduer, or in line with your ideals. First of all, based on the excellent link by TRC, you will need to explain when your intent changed to now want to become a non-immigrant. You have two issues, you tried to acquire another form of form of visa, denied by USCIS and secondly, somehow you fell in love and into marriage and now want to get a green card...? All of these things happened between Oct 2009 to date? You can consult with an immigration lawyer, but I can assure of one thing: he/she is going to assure you that they can help you navigate with the green card process. I don't know any lawyer who would tell you NO, go back to India and do consular processing, they need business and would certain indicate they can help you, if this becomes difficult with USCIS and are forced out of the country, it will be more money to get waivers and other junk to be back in the US.
In my view, do whatever will make you happy and give you the most sense as a course of action. What I can assure of you is this, it won't be pretty and you have a potential to be nailed on the wall by USCIS. You have to be concerned about the issue of intent, possible misleading of US Consulate about your true intentions of visiting the US. It is reasonable to conclude that you used the tourist visa to immigrate to the US, which won't be viewed as NOT funny.... You don't have any strong evidence to prove co-habitation and convince USCIS of a bona fide marriage, you should look at the AOS Experience in this forum and the information submitted by people approved by USCIS. Additionally, if you are picked up by ICE, it won't be pretty, you will automatically incur a bar in the US for about 3 years, below 180 days or above 180 years, 10 years. Getting a waiver will cost you money as well. In the end, just do what will please you dude, including filing and getting slammed by USCIS or approved, whatever makes the most sense but not necessarily wise.
Triple Citizen
Registered Users (C)
Jackolantern
Registered Users (C)
It's not illegal, it just has certain conditions.
Your "10 people" who did it either met the conditions, or they left the US and then reentered with the F1, instead of changing from B1/B2 directly to F1 within the US.
Al Southner
Registered Users (C)
Raj,
So, you are using other people cases as a barometer for your own case? Universities don't enforce immigration laws and don't support people with their green card applications. Moreover, you are clearly misguided to think that International Student Exchange program exist for people to eventually become immigrants in the US. Did you miss the word Exchange in the program? These programs exist to educate and enhance educational experiences of student from across the globe, who will return home and contribute to their communities and country. However, most people want to remain in the US. I am certain the vast majority of these exchange students who end-up remaining in the US and marrying USC never came on a B visa, tried to convert it to F visa and once denied, got married and now want a green card. It is possible your case will get ugly, but not many people see the complications on the horizon, because their stubbornness cloud their judgments.
Triple Citizen
Registered Users (C)
You do realise that I-94s are given an expiry date for a reason. Just because one wants to stay beyond the expiry date, that does not mean it is okay to stay beyond the expiry date.