From F1 to Marriage

T

Trenka

New Member
In November 2003, I got F1 visa for one year. In April 2004, before my F1 expired, I got married for US citizen. However I didn’t do anything to inform INS about my marriage and I have no clue what to do now.

Am I legal, because my F1 expired or what?

If I am illegal what should I do to obtain my status back?

Any suggestion would be helpful!

Thank you in advance!!!

NENE
:confused:
 
Your current status is out-of-status. In a sense it is illegal. But since you are married to US citizen, you are not in sure a big problem.

You have several options, but the best is to apply for "adjustment of status (AOS)" right away. Please look into the application precedure of I-485 (for AOS) and you can apply for I-765 (EAD) and Advance parole (AP) as well. Starting reading all these forms and the procedures. File them ASAP.

Make sure you don't leave the country or you may be ban from entering US for 3 or 10 years.

Good luck.
Kenmw
 
how about this: F-1 expired - do you mean your visa or your status? Did you keep going to school? Did you maintain your status? What is the expiration date in your I-20 form? Do you have D/S written in your I-94 form?

What did you do since April 2004?
 
Kenmw, if F-1 student has D/S in I-94, then simply falling out of status doesn't make that student "illegally present". If it is any other category, such as a visitor, who doesn't have D/S in their I-94 but a certain date - staying in the States past that date start accruing illegal presence, which leads to a ban should that person leave the U.S. So, it is important whether this person has D/S in their I-94 and whether she is talking about an expired status or expired visa.
 
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