Out of status student married U.S. Citizen and applying for a GC

useramt

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Out of status student married U.S. Citizen applying for a GC

I entered U.S. on F-1 Student Visa. I attended English language school in Los Angeles for three month and after I finished a course I transferred to another language school in New York. However the school in NY wasn’t anything like school in LA, there we actually were learning something. I felt like I got ripped off and I was wasting my time, but I was told that I cannot transfer to another school until I finish the course. During that 3 month in NY I was in a long distance relationship with a guy I met in Los Angeles. Originally, he was from Oregon, where he was attending college. During our separate time I flew back to LA for a weekend to see him, when he was taking care of his business down there. When we decided that we want to be together and after I finish the course I’ll move with him to Oregon. I couldn’t wait to be done with school and go to Oregon. Finally I finished the course and I went to student adviser and told that I want to transfer to another school, she told me to leave the transfer form at I-20 department and they will fax it to school,she didn`t say anything else. So I moved to Oregon and I had 60 days to start a new school. After I contacted a new school, they said that they didn’t get my transfer form. I asked again for my transfer paper, but we didn’t receive it and my new school said that whey will take care of that. But the time I could stay out of school was almost over and then the news came from NY that supposedly my attendance wasn’t good enough and they can’t transfer me. If I won’t come back and take another course, they will put me out of status. They only wanted more money as all this school was about. I was so mad because that was only point of me staying in New York for that long cause I wanted to maintain my legal status and now I was in a situation like I’ve never even was where. I hired attorney who tried to encourage transferring my papers, however that didn’t help and I was put out of status. My new school said that I can reinstate my student status. At the same time I and my boyfriend were thinking about getting married so I haven’t filed for reinstatement since we were going to file for permanent residency after we get married.
Now we are married and at our first step to file for the green card. Some applications ask about current status and I started worrying about my applications for a permanent residency being denied if I wrote that I am Out of Status.Can I be approved being out of status?
 
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Yes you can. USCIS forgives you for overstaying a visitor/student visa if marry a US citizen.
 
hi,

My situation is similar... I came to the states already engaged with US citizen under student visa since I needed improve my english. I am actually studying and we got married on march 26th 2010 in USA and in April 17th 2010 in my country. I am actually in the process to sending everything to immigration, I already filled the I 485 I130 I131 forms etc...
My concern is that I want to quit school since we already got married and we want to save a bit of money. My husband works but I m not working because students cannot work. I went to my school, and they told me the following: " you cannot quit school, is very risky, you gotta receive first your green card, because immigration doesnt care about what lawyers say; we have had a lot of situations like that and immigration has called us asking for the record of the student's attendance, if you quit school that would be a bad record; SEVIS ( the one who make the I20 forms for students) is very different from immigration and you should listen what we say, because we take care of our students."

When I do really stop school?
I have heard about receive first the receipt from immigration and then stop school. is that true?
is true that immigration can ask for my student report while doing the process of greencard?
which status Ill be once I stop attending school and waiting for my greencard?
I do really appreciate your help... I need an urgent response... thanks
 
I've been in the school since i entered the states.. I mean, I explain: I got engaged in my country, my fiance flew to my country to proposed me. in october.. but I already had my student visa ( on september) to start studying / improve my english on january 2010. on december 2009 I came to the states and in january I started the school. I've been attending school since then. we got married on march 26th 2010 at the court house here in USA and on April 14th I flew to my country for our Big ceremony with my family there... I didnt process the AOS by then since i wanted to keep my student status. so i entered the states again under F1 student visa. now I am about to send all the papers to immigration but in about a month I want to stop studying. I know that the AOS can be aproved in 90 days. so that's why my question. i want to quit school and itll be before the aos could be approved..

what do you think?
all the lawyers had tell me that my situation is great and my
 
Eeek!!
The fact that your last entry to the US occurred after you were already married AND you're now going to AOS could really come and bite you in the behind. The appropriate thing to have done would have been to file the AOS papers, get advanced parole THEN travel overseas for your big ceremony......or have gone home for your ceremony and then wait it out in your country while your husband filed a spousal petition. So to an interviewing officer could easily conclude that you entered the US with the intention to US and could deny your AOS on these grounds.

I would also stay in school longer and not quit so hastily (especially after only being in school for such a short time in the first place). To do so would re-confirm that you used your F1 status intentionally to gain entry and AOS......this is not what the F1 is for. It is to study. To be on the safe side, wait until you have your GC in hand before you abandon school.
 
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