i am from europe n i m here in usa on f1 visa but i fell out of sytatus...is there any chance i can get married to my girl in america and fix everything back home in europe in usa embassy? or if thats is not possible can i marry her in my home country and from there ask for a green card or something so i can come back???? thank you very much IvAn
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fiancee green card
- Thread starter soccer203
- Start date
austriacus
Registered Users (C)
Here are a couple of questions for you:
1. How long have you been out of status, and has USCIS/DHS made a determination that you've been out of status?
2. Where are you now?
3. Are you intending to have a good faith marriage with your girl or is your intention to marry her solely to obtain an immigration benefit? Is your girl a US citizen?
4. Do you intend to reside permanently in the US?
5. Have you considered F-1 reinstatement?
6. What's your favorite soccer team?
1. How long have you been out of status, and has USCIS/DHS made a determination that you've been out of status?
2. Where are you now?
3. Are you intending to have a good faith marriage with your girl or is your intention to marry her solely to obtain an immigration benefit? Is your girl a US citizen?
4. Do you intend to reside permanently in the US?
5. Have you considered F-1 reinstatement?
6. What's your favorite soccer team?
Last edited by a moderator:
austriacus
Registered Users (C)
Hello again soccer203,
well, I can't speak to the stories you may have heard about the risks of F-1 reinstatement, but I think it would be too late for that now anyway, 1 1/2 years later. One important concept you need to understand is that of "unlawful presence." If you have more than 1 year of unlawful presence and you leave the US, you have a 10 year bar on entering the US again. Unlawful presence starts accumulating after the date stamped on your I-94. As an F-1 student, your I-94 should have been marked "D/S" instead of a date, in which case you're only accumulating unlawful presence when the USCIS or an immigration judge makes a determination that you are out of status. (They could have made that determination if you applied for F-1 reinstatement, maybe that's what you were referring to.) In any case, the consequence for you is that, if you leave the US and try to re-enter, if no determination has been made, technically you're not supposed to receive the 10-year bar. Would I risk it? Probably not. So there goes your plan to go back for consular processing.
What would make more sense is, once you are married, that your wife files for your adjustment of status and you remain here in the US for the AOS which typically takes 5 months to several years until approval. Pretty much your only requirement when your petitioner is a US citizen spouse is that you had to have lawfully entered (and didn't commit certain crimes, claim to be a US citizen, and some other nasty things). You entered on a nonimmigrant visa, but I assume you had no intention then of immigrating, so you should be ok in that respect. You do have your I-94 entry document, right?
Ok, and the law requires that if your wife petitions for you, it has to be for a good faith marriage; it can't be a marriage entered solely for an immigration benefit. (That is not to say that it can't be part of your consideration, but it can't be the only reason that you'e married.) You'll have to present evidence of your relationship and there will be an interview with both of you. Oh, and she'll have to prove and sign an affidavit that she can support you to the tune of $17,112 a year (for a household of two). But you may have a joint sponsor if that is a problem.
By the way, FK Austria Wien fan here!!
well, I can't speak to the stories you may have heard about the risks of F-1 reinstatement, but I think it would be too late for that now anyway, 1 1/2 years later. One important concept you need to understand is that of "unlawful presence." If you have more than 1 year of unlawful presence and you leave the US, you have a 10 year bar on entering the US again. Unlawful presence starts accumulating after the date stamped on your I-94. As an F-1 student, your I-94 should have been marked "D/S" instead of a date, in which case you're only accumulating unlawful presence when the USCIS or an immigration judge makes a determination that you are out of status. (They could have made that determination if you applied for F-1 reinstatement, maybe that's what you were referring to.) In any case, the consequence for you is that, if you leave the US and try to re-enter, if no determination has been made, technically you're not supposed to receive the 10-year bar. Would I risk it? Probably not. So there goes your plan to go back for consular processing.
What would make more sense is, once you are married, that your wife files for your adjustment of status and you remain here in the US for the AOS which typically takes 5 months to several years until approval. Pretty much your only requirement when your petitioner is a US citizen spouse is that you had to have lawfully entered (and didn't commit certain crimes, claim to be a US citizen, and some other nasty things). You entered on a nonimmigrant visa, but I assume you had no intention then of immigrating, so you should be ok in that respect. You do have your I-94 entry document, right?
Ok, and the law requires that if your wife petitions for you, it has to be for a good faith marriage; it can't be a marriage entered solely for an immigration benefit. (That is not to say that it can't be part of your consideration, but it can't be the only reason that you'e married.) You'll have to present evidence of your relationship and there will be an interview with both of you. Oh, and she'll have to prove and sign an affidavit that she can support you to the tune of $17,112 a year (for a household of two). But you may have a joint sponsor if that is a problem.
By the way, FK Austria Wien fan here!!
Last edited by a moderator:
Canadian John
Registered Users (C)
Benfica, Benfica, Benfica!!!!!!