I am marrying USC but I overstayed, is that a big problem?

M

maxrada

New Member
Hello,
I came to US on tourist visa, then transferred to a student visa F1, graduated, btw my student visa expired 2,5 years ago so I overstayed. I have a boyfriend for 3,5 years who is US citizen and we were planning to get married for a while (but we were trying to bring close relatives from oversea and to plan everything and that has been a hard part). Just to add that our relationship is kind of long distance even we spend time together very offten. He has a house in California since his parents live there and he is seeing kids from previous marriage ocassionally, and I live in Chicago. We originally met in Chicago because he worked for the company in Chicago at the time; his work requires a lot of travelling so he is around the country a lot. We have joint accounts for a long time and we are plannig to buy a house together - does it help? (basiclly we live like a couple just without certificate for now)
Now, we decide to do a civil wedding and not wait anymore and later on we will make a celebration for relatives. We know what kind of document we need to process. (I think I-130 for him and I-325A for both of us, then I-485, I-864, I-765, I-131, I-693 later for me)
Does somebody hass similar expirience? Do you think that it may be a problem because I overstayed for longer than 180 days and we haven’t applied earlier? I mean, are they going to be hard on us? Do we need some additional documents to prove our relationship? Also, should we apply in California or Illinois? We are buying a house in CA but I am still going to be in Chicago for a period of time because of my work.
Hope it is not too confusing .

Thanks

Rada
 
I think I-130 for him and I-325A for both of us, then I-485, I-864, I-765, I-131, I-693 later for me)
Click to expand...

not later. Together in one envelope. Do not apply for or use I-131 - you will be banned from the US if you leave, since you overstayed for more than 180 days (even though your I-94 has D/S in it).

Do you think that it may be a problem because I overstayed for longer than 180 days and we haven’t applied earlier?
Click to expand...
no

I mean, are they going to be hard on us?
Click to expand...
they may be

Do we need some additional documents to prove our relationship?
Click to expand...
of course. Everything joint.

Also, should we apply in California or Illinois? We are buying a house in CA but I am still going to be in Chicago for a period of time because of my work.
Click to expand...
you should live together. You need to send your docs to a CHicago lockbox, but indicate your immigration office where you will actually go for an interview together. Your separate living conditions may create considerable difficulties for you - aka, suspicion of a fake marriage.
 
Overstays are usually forgiven by USCIS.

You should file all documents together at the Chicago Lockbox. You should use the address that you and spouse will be living toghether or if you start the process with current address, you can always report the change of address but best to stay in one spot while the application is being processed as not to delay anything.

Do not file the I-131 because it will be a waste of money and the fact that you overstayed. DO NOT UNDER ANY CIRCUMSTANCES LEAVE USA OR YOU WILL BE BANNED 3 0R 10 YEARS. :eek:

Just make sure along the way you document everything about your lives together. Get pics, joint bank accounts, lease or mortage apreement jointly, bills, correspondence/travel tickets if you are apart due to job or intended move, etc.

If you document the travel arrangement, correspondence to one another, weekend visits, cell phone calls to each other you should be alright. A lot of couples live apart for a period of time for the proper reasons.

If your paperwork is in order, you should do fine. Depending on whom the IO (Immigration Officer) is will determine the attitude and manner in which they treat you and spouse. Just be fully prepared. and RESEARCH, RESEARCH, RESEARCH:p :D ;)
 
Last edited by a moderator:
It is not possible to overstay an F-1 visa. F-1 status doesn't expire. Your I-94 should say D/S, which means you were admitted for the duration of status.

If, however, you haven't been taking classes full time or got a grade below C for a class, you fell out of status. Same rule applies if you graduated and didn't do anything after that (OPT or received any other visa).

Falling out of status is forgiven to immediate relatives of US citizens...

As for filing AOS - I would wait till you actually move in together.
 
NeShawn said:
Overstays are usually forgiven by USCIS.
Click to expand...
To rephrase this, as "usually" makes it sound like in some cases they don't forgive the overstay:

USCIS cannot use an overstay or illegal work as a reason to deny AOS if you are married to a US Citizen.
 
dr_lha said:
To rephrase this, as "usually" makes it sound like in some cases they don't forgive the overstay:

USCIS cannot use an overstay or illegal work as a reason to deny AOS if you are married to a US Citizen.
Click to expand...

I STAND CORRECTED BY THE GOOD OL' DOC:p :p
 
Jewel12 said:
It is not possible to overstay an F-1 visa. F-1 status doesn't expire. Your I-94 should say D/S, which means you were admitted for the duration of status.
Click to expand...

so, there is such a thing as a duration of status.... F-1 status does expire on a day when your I-20 expires. After that - you are out of status, unless you get a new I-20.
 
maxrada said:
Hello,
I came to US on tourist visa, then transferred to a student visa F1, graduated, btw my student visa expired 2,5 years ago so I overstayed. I have a boyfriend for 3,5 years who is US citizen and we were planning to get married for a while (but we were trying to bring close relatives from oversea and to plan everything and that has been a hard part). Just to add that our relationship is kind of long distance even we spend time together very offten. He has a house in California since his parents live there and he is seeing kids from previous marriage ocassionally, and I live in Chicago. We originally met in Chicago because he worked for the company in Chicago at the time; his work requires a lot of travelling so he is around the country a lot. We have joint accounts for a long time and we are plannig to buy a house together - does it help? (basiclly we live like a couple just without certificate for now)
Now, we decide to do a civil wedding and not wait anymore and later on we will make a celebration for relatives. We know what kind of document we need to process. (I think I-130 for him and I-325A for both of us, then I-485, I-864, I-765, I-131, I-693 later for me)
Does somebody hass similar expirience? Do you think that it may be a problem because I overstayed for longer than 180 days and we haven’t applied earlier? I mean, are they going to be hard on us? Do we need some additional documents to prove our relationship? Also, should we apply in California or Illinois? We are buying a house in CA but I am still going to be in Chicago for a period of time because of my work.
Hope it is not too confusing .

Thanks

Rada
Click to expand...

I overstayed my F-1 8 years!, don't worry it won't come up if you are married to US citizen.
 
Hi maxrada and trialanderror83,

May I ask you a question please? ... Do you have any trouble taking a domestic flight within the US while you are out of status? I have a friend who is in the similar situation (J-1 out of status). She is afriad that she will be found out by USCIS when she travels by air. Thanks.

Best Regards,
Dave
 
LucyMO said:
so, there is such a thing as a duration of status.... F-1 status does expire on a day when your I-20 expires. After that - you are out of status, unless you get a new I-20.
Click to expand...

Hi:

Your statement makes a lot of sense, but is in fact not quite correct. F1 status does have a sort of legal loophole. Legally, only a notification from USCIS or from an immigration judge will make an F1 student out of status ---- once this happens, the clock starts ticking for overstay.

International offices at school will often prudently tell students to not violate status as it would end the student status - good advice. However, legally, the student's status would not end until USCIS or an immigration judge declares that the student violated status and is out of status.

Since I do not know whether the OP was ever declared out of status, or what her particular circumstances are, I express no opinion as to her particular status.
 
Flying domestic is okay, but depend on what is your definition of domestic

:D
Dave4S said:
Hi maxrada and trialanderror83,

May I ask you a question please? ... Do you have any trouble taking a domestic flight within the US while you are out of status? I have a friend who is in the similar situation (J-1 out of status). She is afriad that she will be found out by USCIS when she travels by air. Thanks.

Best Regards,
Dave
Click to expand...

Dave,

If you friend has a state issued driver's license then, he is on solid ground. Rarely, do airport officials ask about your immigration status, because you are flying domestic...but be careful not to fly to Hawaii, Alaska or Puerto Rico, because POE tend to conduct a sweep of people coming and out of these areas to ensure people have proper documentation...

A valid driver's license is required to travel on domestic flights, but if he doesn't have one, then his/her passport is fine, but could cause suspicion as to why he doesn't have a DL and create a messy situation with airport officials.:rolleyes: Lastly, he or she should be relaxed and not look nervous that someone will know he is out status, because it can attract unnecessary tension with security there. The bad thing is that when you are at the airport, they have access to USCIS system and can easily verify your status.

I would advise him to enjoy his/her domestic travels and not be concerned about ICE, unless ICE raids airborne airline to set up the first on-air enforcement...:D Man... that would be something I tell you...
 
pianoplayer said:
Your statement makes a lot of sense, but is in fact not quite correct. F1 status does have a sort of legal loophole. Legally, only a notification from USCIS or from an immigration judge will make an F1 student out of status ---- once this happens, the clock starts ticking for overstay.
Click to expand...

There is a distinction between "out of status" and "illegal presence". Unlike anybody else with a particular date in I-94, an F-1 student can fall out of status (by working without an EAD or dropping out), but does not start accumulating illegal presence (making him "eligible" for a ban) until an official finding by an immigration official.

In a case of illegal work or dropping out, a student can apply for a reinstatement of status, if less than 5 months have lapsed since losing their status. There would be no need for reinstatement, if a student was still considered in status even after working without permission.
 
LucyMO said:
There is a distinction between "out of status" and "illegal presence". Unlike anybody else with a particular date in I-94, an F-1 student can fall out of status (by working without an EAD or dropping out), but does not start accumulating illegal presence (making him "eligible" for a ban) until an official finding by an immigration official.

In a case of illegal work or dropping out, a student can apply for a reinstatement of status, if less than 5 months have lapsed since losing their status. There would be no need for reinstatement, if a student was still considered in status even after working without permission.
Click to expand...

Hi:

Yes, your distinction is correct. I usually try to avoid sloppy terminology, but I have to admit to that. I went back to my previous post and saw that I had typed "out of status." It should have referred to "illegal presence."

The OP is clearly out of status, but it is really not relevant to her situation, since she is getting married to a USC. She asked whether her overstay of 180days or more would be a problem. The only relevant issue would be whether she had an "illegal presence" of more than 180 days or not.

The answer is that, unless she received notification from USCIS or an immigration judge, her "illegal presence" has not started accumulating.

In answering the above question, I inadvertently used the words "out of status" ---- thank you for the catch, Lucy and apologies for misinterpreting your email.
 
You must log in or register to reply here.
Top