F1 Visa (over 21) became Out of Status, I485 thru Parents (citizens)

Yes, in that case you would not have to leave the US.

It's the Immediate Relative category which has unlimited visa numbers and thus does not appear in the visa bulletin.
 
Oh wow, thanks again so much! I will be reading this tonight, and if it's not too much bother, will post in here again if I get additional questions based on this Immediate Relative section. Good night!
 
Hi again, so I read up on the I130 and the Immediate Relative, but they say that I need to have a lawful nonimmigrant status. Won't this not apply to me then, since I've been out of status for a few years now?
 
No, you do not have to be in status to do Adjustment of Status (I-485) if you are an immediate relative. I don't know where you read that but it is wrong. Also, status has nothing to do with I-130, only I-485.
 
I think this was the first place I read about it: "http://www.alllaw.com/articles/nolo/us-immigration/citizenship-through-marriage.html" under the heading "Complications for Immigrant Spouses Living in the United States Illegally".

Also, if I might ask another question, just trying to see if more options are available.
Does it matter if one of my parents got their US citizenship while I was waiting for my priority date? I noticed that it would fall under category F1 in the Visa Bulletin, and the date is earlier (July 2004) compared to my priority date (April 2005). Will using their obtained citizenship allow to use the same priority date I have, or will it make us use the F1 or worse, move us back to a new priority date? Sorry if I can't express what I'm trying to say well.
 
I think this was the first place I read about it: "http://www.alllaw.com/articles/nolo/us-immigration/citizenship-through-marriage.html" under the heading "Complications for Immigrant Spouses Living in the United States Illegally".

I don't see anything there saying you cannot adjust status.

Also, if I might ask another question, just trying to see if more options are available.
Does it matter if one of my parents got their US citizenship while I was waiting for my priority date? I noticed that it would fall under category F1 in the Visa Bulletin, and the date is earlier (July 2004) compared to my priority date (April 2005). Will using their obtained citizenship allow to use the same priority date I have, or will it make us use the F1 or worse, move us back to a new priority date? Sorry if I can't express what I'm trying to say well.
Yes, the wait is slightly longer in F1 than F2B. You have the option to "opt out" of F1 back into F2B, if it is to your advantage.
 
Oh, I'm sorry, I read "or stakyed beyond the time allowed under a visa, even marrying a U.S. citizen or permanent resident may not help you. " and sort of didn't read and think what the rest of the paragraph meant. So that's only for people who left.

So this means if I go thru the Consular Processing, I can't change my mind and come back and do the marriage.

The wait is slightly longer, but would it allow me to stay in the US as an Out of Status if I'm under F1? And what would my new priority date be then, the date I switched from F2B to F1, which means another 10+ years wait, or would I keep my old priority date and would only have around a bit less than a year to wait?
 
So this means if I go thru the Consular Processing, I can't change my mind and come back and do the marriage.
You can get married if you want. You just can't come back until you've gone through Consular Processing and gotten the immigrant visa, simply because you have no visa to come back with.

The wait is slightly longer, but would it allow me to stay in the US as an Out of Status if I'm under F1? And what would my new priority date be then, the date I switched from F2B to F1, which means another 10+ years wait, or would I keep my old priority date and would only have around a bit less than a year to wait?
No, it doesn't allow you to stay in the US. The priority date will stay the same no matter how the categories change. As I said, you can "opt out" of F1 if you want.
 
Okay, so right now it's better to stay at F2B still.

About the Consular Processing, if I go back home to do the interviews and stuff, won't I trigger a 10 year bar from entering the US again?
And I'm assuming since I'm not leaving the country if I get married to the US citizen, they won't put a deportation or make me leave once they find out I'm in the country out of status and have the 10 year bar put on me?
 
About the Consular Processing, if I go back home to do the interviews and stuff, won't I trigger a 10 year bar from entering the US again?
It doesn't seem so from what you've said. But if the consular official denies you wrongly, there is no appeal.

And I'm assuming since I'm not leaving the country if I get married to the US citizen, they won't put a deportation or make me leave once they find out I'm in the country out of status and have the 10 year bar put on me?
Once you apply for Adjustment of Status (I-485), they won't deport you. But before that, it's still possible for you to be deport you, if you are very unlucky and get in trouble or something.
 
I don't suppose you know what usually triggers that 10 year ban? Right now, all I've been is a student, never worked under the table, no crimes or any laws broken. Are there any factors they look at?

Right now though, marriage might seem a safer choice, although the couples interviews I've read make it sound that part is super hard. Any advice for it? I know co-habitation, shared bank accounts, activities, etc are essential.
 
I don't suppose you know what usually triggers that 10 year ban? Right now, all I've been is a student, never worked under the table, no crimes or any laws broken. Are there any factors they look at?
There are many bans. The one we are talking about is the unlawful presence ban. It has to do with "unlawful presence" and not other factors. This is if you accrue 180 days of "unlawful presence" and then leave the US, you have a 3-year ban; if you accrue 1 year of "unlawful presence" and then leave the US, you have a 10-year ban.

However, the definition of "unlawful presence" is very complicated. Generally, "unlawful presence" can only start accruing in one of three ways:
  • The person stays past the "admit until" date on their I-94 (for people admitted for "D/S", usually people in F or J status, this will never happen)
  • A final order is made against the person by an immigration judge in a deportation proceeding
  • The person applies for some benefit with USCIS (e.g. extension of status or employment authorization, etc.) and USCIS denies it and rules that the person is out of status
Since you were an F-1 student, only the last two things can happen, and it doesn't sound like they did (unless you were put into deportation proceedings without your knowledge or something weird like that). So you have accrued no "unlawful presence".

Right now though, marriage might seem a safer choice, although the couples interviews I've read make it sound that part is super hard. Any advice for it? I know co-habitation, shared bank accounts, activities, etc are essential.
It's not hard at all, if your marriage is genuine. Plenty of newlyweds without that much evidence go through with no problems. Try to set up joint accounts ASAP after marriage if you don't already have them. Try to add each other to leases, insurance, as beneficiaries on various accounts, etc. That should be good.
 
Hey, thanks for all the advice, and I don't know if you're still around, but I was wondering if I can ask a few more. One of the main reasons I kept asking about the marriage is that she's actually a permanent resident right now, and will only be able to become a US citizen at the earliest next year. If we get married this year, and she becomes a US citizen next year then we file our paperwork, is the 2 year temporary probation from the time of the marriage, or the time of the paperwork? I'm just wondering how much time I will not be able to work and help support before I get a temporary one, and a permanent one. Thank you.
 
You will become a conditional permanent resident if your marriage is less than 2 years old on the date you become a permanent resident (which, if you are doing AOS, is when AOS is approved). If you become a conditional permanent resident, you will have to apply for Removal of Conditions a little less than 2 years after getting your permanent residency. There is no difference between conditional and non-conditional permanent residency with respect to anything (ability to work, live, travel, etc.) except for the need to file for ROC, and that some branches of the armed forces don't accept conditional LPRs.

Whether you get conditional or non-conditional permanent residency is based on when your AOS is approved, which depends on when you file, and how long your AOS takes. The latter is out of your control and hard to predict. If you are close to 2 years of marriage, you could consider delaying filing AOS so that it will likely be approved after your 2-year anniversary, to get non-conditional permanent residency and avoid the need for ROC; however, any delay will delay when you can work, etc. so this is a tradeoff that you will have to consider.
 
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