f1 overstay

H

helpmeplz

New Member
What is the name of your state? AZ

I came here on my F1 and got a masters degree. i finished my degree. I applied for my OPT and that expired in Oct 06. When the OPT expired, I opted to continue studying and applied at another university. I got in Feb 07. I started attending class. During this period, I was told tht my sevis was sent for transfer to my old university. After about two months (early April 07), I was notified that I was not admitted to the new school as the 60 day limit between switching institutions was not met. During this two months I finished 3 credits of my course work witha a GPA of 4.0 also paid $1200 fees.

So they issued me a new I20 witha new sevis number and was told that I will need to leave the country and reapply. I got scared that I might never get back to the US as my visa would be rejected (Note: previous issue...in my old school, i was out of status for 5 months due to problm with advisor. but was re-instated. and I finished school)

Now its been 18months. I need help. Can I get re-instated now?
During this time, I met a girl and we fell in love. She is on her H1b. Also she getting her GC processed thru her father (who is a citizen living in the US for 25years). Her I130 was approved in June 07. She knows abt my situation and has offerd that we get married(earlier than planned) to avoid leaving the country(deportation) and never come back(for 10 yrs?). We plan on raising a family soon.

What do I do?
What are my options?
Can I get reinstated now?
Will marriage help? (Cos if it doesnt and i get deported anyways , then I can not get back for 10 yrs.)
Help me plz
Note: I havent received any 'removal proceedings" or any kind of intimation from INS.
 
Last edited by a moderator:
helpmeplz said:
What is the name of your state? AZ

I came here on my F1 and got a masters degree. i finished my degree. I applied for my OPT and that expired in Oct 06. When the OPT expired, I opted to continue studying and applied at another university. I got in Feb 07. I started attending class. During this period, I was told tht my sevis was sent for transfer to my old university. After about two months (early April 07), I was notified that I was not admitted to the new school as the 60 day limit between switching institutions was not met. During this two months I finished 3 credits of my course work witha a GPA of 4.0 also paid $1200 fees.

So they issued me a new I20 witha new sevis number and was told that I will need to leave the country and reapply. I got scared that I might never get back to the US as my visa would be rejected (Note: previous issue...in my old school, i was out of status for 5 months due to problm with advisor. but was re-instated. and I finished school)

Now its been 18months. I need help. Can I get re-instated now?
During this time, I met a girl and we fell in love. She is on her H1b. Also she getting her GC processed thru her father (who is a citizen living in the US for 25years). Her I130 was approved in June 07. She knows abt my situation and has offerd that we get married(earlier than planned) to avoid leaving the country(deportation) and never come back(for 10 yrs?). We plan on raising a family soon.

What do I do?
What are my options?
Can I get reinstated now?
Will marriage help? (Cos if it doesnt and i get deported anyways , then I can not get back for 10 yrs.)
Help me plz
Note: I havent received any 'removal proceedings" or any kind of intimation from INS.
Click to expand...

She's not a US Citizen. u'll probably would have to go back home for a student visa
 
No, re-instatement is out of the question. You might be able to avoid a 10 year bar due to overstaying since F-1 is a D/S visa. You need to talk to an experienced attorney as soon as possible.
 
Since she is not a US Citizen nothing will be forgiven in this case and if ICE catch you they will deport you no matter what your girlfriend states.

Regarding status you are delaying the inevitable since you will have to wait a minimum of 5 years from your girl friends GC to get her citizenship and also you are jepordizing her case because she knows about your situation and this could break the good moral character piece in the N-400 especially if ICE catch you and she knows. She could end up going with you.
my 2 cents
 
dear folk, my best advice to you is:
1. applay for reinstament no metter 5 months or one year( on the bassis of ur scools mistake).

Sit tight and dont discontinue your studies. and fight for your case( take ur time).
write a letter to uscis that it was all misunderstanding and you was not knowing that you have passed the 60 days limit. cuz ur adviouser didnt informed you right away.

Goodluck
 
I am confused about f-1 overstay bar. I keep seeing 10 yrs. Suppose you have D/S and overstay. I have read that bar for student visa abusers is 3 yrs not 10.
 
iam in the same situaion too...i have been out of status from 2003 till 2008 because of school's mistake.i didnt take any courses too in that time.i came back to my country now(2008) but want to finish my left over course work hence trying for f-1 visa.i tried very hard and have maintained 4.0 gpa all through.what are my chances of getting f-1 now.some one please help explain..
 
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