..H4 F2 visa or not and restricted SSN

P

prossella23

Registered Users (C)
hi everybody...first of all thanks for any help you can give. :p

i have the opportunity to get a H1 visa or a GC.

BUT
my boyfriend worked off-campus with his restricted SSN plus
he was out of status and to avoid problem he will re-enter in US after 3 year

So what is better to do?..i have many solutions but don't know which is the best.

HOW and when can he solve the SS stuff?
AND what is better to do for me?

Marry him and get an H4 or F2 visa?...

i'll enter with my visa and he will with his (F1)..but again how to solve the fact that he worked.

Marry him here in Europe before i get the visa (get 2 different visa or H2 or F2 visa) or in US?

bye
 
did he ever get caught working illegally? what visa was he on? how long has he been out of status before he left the US? Did he have any contact with USCIS while out of status?
 
More details..please reply

Nobody discovered that he was working with a restricted SSN
he Had an F1 visa

His school reported to that he was out of status on january 23th 2003, he departed, (his free decision) on dec 23th 2003.
i-94 didn have a exp was DS type. neither the visa you get at your local embassy when you get the visa was expired and the I-20 was not expired.
So i guess he's ban untill dec 2006.

Please please,
is there any possibility that he can re-enter (F1, F2...)?
i would like to leave my country but i can't leave him here since he's here bcs of me.
i really appreciate your help.... :)
hope i can return the favour (if anyone needs info about visa in Europe)
 
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since he had D/S in his I-94, he is not subject to a ban. Ban is for illegal presense, not for time out of status. How did he fall out of status? How long has he been out of status - about a year? Did he communitcate with USCIS at any time during that year?
 
......info..waiting to have a hope to re-entry with my boo

first of all let me thank you for your prompt reply.

He was studing in college with F1 visa.
He could not pay the tuition (it was very exp univ)...anyway...

He attended classes up to nov 2002 then there was winter break, but he did not started his classes (winter quater)on jan 2003. So the international student advisor told him that he was going to report this (i guess to the authorities...i do not know if it's USCIS, they usually say it's INS).

My boyfriend departed on DEC 2003, but he never receiveid up to that day any letter from USCIS.

So do you think that he can just apply for visa or i can include him on my visa? Does he have to say that he has been already a student?...he also worked with his restricted SSn but nobody found out this.

thank's a lot..you really can change my life... :)
 
yes, you can include him on your application. he was out of status, but if he was never found to be illegally present and he had D/S in his I-94, then he is not subject to a ban.

yes, he has to disclose his information about being in the US.
 
..........REally!!!!!!!!!???????

thank you very very much!!!!!!!!!!!!!!!!!!!!

So even if the international student advisor reported that he was out of staus, this Does not mean that he was illegal, since my boyfriend did not receive any formal communication from the authorities.

BTW in case he woul have been ban was it a 3year ban or 10?

If it's so..............................i'm so so happy.

you are very very kind person.

a big hugh
 
if an immigration officer didn't make an official determination that he was illegally present, then illegal presence doesn't start accruing.

you should arm yourself with some official information, so search www.travel.state.gov for information on F-1, D/S in I-94 and illegal presence.

If he was illegally present, then from the moment it was determined to the moment he left the country - how many days was it? 180-364 days - 3 year ban, 365 and more days - 10 year ban.
 
now i'm happy...!!...after one year and a half of guessing and fearing!!

got info on the link!! :)

Last important questions:Expecially question A..
A)
If i include him on my visa can they approve only my entry, or the reply is the same for both spouses at every time? .....(need to know bcs don not want problem with company sponsoring me)

B) is this law company that it's hosting this forum, able to assist people living abroad?

C) so the international student advisor, reports that a student is not enroll to SEVIS ??

Even if he did it...this happened on jan 2003 and my boyfriend left on dec 2003...so although, thank's to you, now we know that he has not been illegal, the worst situation would be a 3 year ban.... Am i right??:confused:

Anyway on the visa request ..he will just say that he was a student and he departed before finishing his studies..that's all!! :p

thanks again,
i promise that i'll post you when in april i will apply for H or GC...
and hope the info you gave me will help somebody else too!!

take care
 
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