Out od Status F1 student

[engagedstudent]

Out of Status F1 student

Hi, I am in the US on a student visa, however I am out of status because I am not in school this semester. I received a letter from my school saying I have until April 8th to say what is happening with me and until September 8th to file for reinstatement.

Whilst I have been engaged for a number of months I was planning to return to my country to get a new F1 visa (current one will expire in May), get married there etc. but there was a flooding crisis there and travel was not recommended. My fiance wants us to get married now before April 8th, so I'm trying to do all this research about the process. What I would like to know is if I get married before April 8th or later on by September 8th - what would be my due process?

- for instance how can I do a change of status when I'm (in fact) out of status? Everything that I'm looking at says "in valid F1 status", which I'm not so what should I do? How should I proceed?

Also my fiance is a permanent resident who is eligible for Citizenship in a year - when filing, can his status be adjusted during the process and thereby affect the overall process?

Thanks in advance for your shedding light on my situation.

 

[engagedstudent]

Hi, I am in the US on a student visa, however I am out of status because I am not in school this semester. I received a letter from my school saying I have until April 8th to say what is happening with me and until September 8th to file for reinstatement.

Whilst I have been engaged for a number of months I was planning to return to my country to get a new F1 visa (current one will expire in May), get married there etc. but there was a flooding crisis there and travel was not recommended. My fiance wants us to get married now before April 8th, so I'm trying to do all this research about the process. What I would like to know is if I get married before April 8th or later on by September 8th - what would be my due process?

- for instance how can I do a change of status when I'm (in fact) out of status? Everything that I'm looking at says "in valid F1 status", which I'm not so what should I do? How should I proceed?

Also my fiance is a permanent resident who is eligible for Citizenship in a year - when filing, can his status be adjusted during the process and thereby affect the overall process?

Thanks in advance for your shedding light on my situation.

I put in other section but no one can help yet - will I get a reply from someone at the law offices or just someone else like me who may have had the same situation - just wondering?

 

[talkative]

Your school's international student officer (DSO) is required to inform USCIS when you fall out of status, so USCIS will certainly know.

Going out of status will have negative consequences for future visas and future permanent residency process. While you may qualify for adjustment of status after your husband becomes a citizen, it will still be lot more trouble than it would have been were you not out of status.

The permanent residency process is very painful. You really don't want to complicate things there. Try to fix the situation right now.

I suggest you talk to a good attorney ASAP and then talk to your school international students officer (DSO). Attorneys are expensive, but not doing this right can be more expensive in the long run.

~T