Out of ststua on student visa and greencard through marriage.

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KSG_52

New Member
Hi, I have concern on my current student status and future status.
Currently I am out of my student status in US but taking classes in a community college which doesn't require 1-20. Here’s my concern I am currently engaged with US citizen. But family plans are to have the wedding in India and my issue is whether I should have any problem getting back to US once she applies me since I have been illegal in US for more than a year. I heard rumors or other folks scare me on putting me on “bar” since I been out of status here. Does that apply to student visa holders as well? Please advice??

Here are my details:
Visa Issue Date: 24 Aug 2000
Visa Expiration Date: 23 Dec 2004
Visa Type: F1
First Admitted (In USA): Aug 29 2000
Second Admittance Date: Jan 20 2004(this was after my trip to India)
I-20 Expiration Date: Dec 23 2005
I-20 Issued For - (University Of Wisconsin - Parkside)

I was Out Of Status after Fall 2005 semester At UWP. This was when I decided to go back to India.

No I-20 was issued by MATC (which I thereafter attended) because it is a community college that does not require any sort of visa to attend.

Please advice me honestly otherwise we can have the wedding in US.
Thanks so much.
Mandy.
 
The path of least resistance is to have your wedding right here in the US and applying for your green card which you could get within a 6 months, and start workking within 90 days.

You risk being barred from re-entry if you get married in India.
 
You are out of status for more than 1 year, for that you will be banned from coming back to the US for 10 years. If you leave the USA. :eek:

My advice is marry here in the US, file for I-130/I-485 and I-765. Do not apply for Advance Parole (I-131) because if you leave the US even with parole, you will be banned and/or your Adjustment of Status petition DENIED.

Do not leave the USA until you get your GC.

Even though you are studying at some community college you are out of status.
 
PraetorianXI said:
You are out of status for more than 1 year, for that you will be banned from coming back to the US for 10 years. If you leave the USA.
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No. You are confusing being out of status with illegally present. If her I-94 says D/S like most F-1s do, she cannot accumulate illegal presence until USCIS gives her a written declaration that she is out of status.

She should of course confirm with an attorney.
 
I stand corrected. :)

So this applies only to i-94 with D/S? What if I was here on a B1/B2 or Visa Waiver? with a set expiration date?
 
What does the D/S on the I94 mean? I dont think mine has that! I came here on F1 then H1B, now trying something else along with the likes of Venezuelan.
 
D/S = Duration of Status. Meaning for as long as the person remains a student and maintain their status (even if the F-1 visa expired) he/she is legally present here. :cool:

Well, at least you know how to write the name right :p
 
PraetorianXI said:
So this applies only to i-94 with D/S? What if I was here on a B1/B2 or Visa Waiver? with a set expiration date?
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If your I-94 has an expiration date, then you of course accumulate illegal presence once it expires.

Our original poster should of course consult with an attorney. My standard M.O. when dealing with the 3/10 year bars is that if there is even the suspicion that one might be subject to them, their effect is so massive that a consultation with an attorney (and maybe even a second opinion) is a good investment.
 
TheRealCanadian said:
No. You are confusing being out of status with illegally present. If her I-94 says D/S like most F-1s do, she cannot accumulate illegal presence until USCIS gives her a written declaration that she is out of status.

She should of course confirm with an attorney.
Click to expand...

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Can you please elaborate little a little bit more? What is the difference between out of status vs. illegally present??
 
KSG_52, a college never "requires" an I-20, you require an I-20 from them in order to maintain your F-1 status. I don't understand your timing of events ... you went to India in 2004 or in 2005? And what does it have to do with your status? I suppose it doesn't really matter, now that you don't have an I-20. Is there any way you can still apply for F-1 reinstatement?
 
This Google search returned a lot of interpretation of the matter, and it agrees with TheRealCanadian's assessment that a determination by USCIS is necessary before unlawful presence begins. But would I push my luck, probably not!
 
austriacus said:
KSG_52, a college never "requires" an I-20, you require an I-20 from them in order to maintain your F-1 status. I don't understand your timing of events ... you went to India in 2004 or in 2005? And what does it have to do with your status? I suppose it doesn't really matter, now that you don't have an I-20. Is there any way you can still apply for F-1 reinstatement?
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I returned from India in Jan 20 2004 but by the time I came back the classes already started and college didnt allow me attend that semester. I thought that its going to be ok but they didnt allow me to register for next semester explaining that my visa is not valid. By that time I exceeded 6 months and reinstatement is only allowed within 6 months if you are not taking classes for some reason. It was than i started in community college but my fiancee and my family both want the wedding in India. and I wanted to make sure before I step out this country so that there is no issue when i come back when my fiance/wife applies me. Thanks, Mandy
 
Well consult a lawyer, and also make them realize that if they insist on you getting married in India, you may be separated from your wife for extended periods of time.
 
Yeah, even if you in fact did not accumulate illegal presence. Your visa (F-1) expired and you can not use it to return to the US. You two would have to apply for a K-3 visa in the US consulate in India.

How long will that take? IDK, But probably more around 4-8 months.
 
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that's what the advance parole is for. However, I personally wouldn't want to risk it and wouldn't travel outside the US until I got my GC.
 
I was under the impression that he was going to get married, then apply for AOS and AP and then travel to INdia (risking a 10-year bar on entering the US - not likely with D/S in his I-94, but still possible). If not, then he won't be coming back to the US for a long time.
 
LucyMO said:
risking a 10-year bar on entering the US - not likely with D/S in his I-94, but still possible
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I am puzzled where this "risky" and "possible" comes from. The 3/10 year bars are entirely non-discretionary - either you meet the statutory criteria for them to be applied, in which case they will be without exception, or you don't.
 
since we really don't know much about his situation, we don't know whether he applied for anything with the USCIS after he fell out of status, so we can't know for sure whether USCIS has determined that he was illegally present. Just coz he didn't get a written notice about it, doesn't mean USCIS didn't make that decision.
 
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