Question about filing i-485/ F1 visa-overstay

[Mrsskyblue]

Hi everyone, I need a little help,

My husband (USC) and I are about to file an AOS packet and I have some questions about the I-485 form/process. I was on F1 visa then got my OPT accepted after graduation (06/20/2009), we got married a little bit after that, end of September. Although it says my OPT expires on 06/19/2010, I did not work or volunteer during those 90 days required to keep my F1/OPT status active. I was advised that meant that I have violated my status and I'm an "overstay" or out of status but could still file since I was already married...?

My question in relation to filing is...
form i-485: how do we fill the "Current USCIS Status" ?
and what type of "Application Type" in part 2 do I choose?

Is it proper to put 'overstay' in sections that ask for my current immigration status? Such as in the form i-765?

Please any advice would be appreciated

 

[Alektra]

Hello!

I was filling my forms yesterday, and since I wondered the same thing, because it happened to me as well, I made a research on the subject.
Well, I personally don't think it's proper to write "F-1 OVERSTAY". I don't quite know what the F-1 visa is, but mine for example was the B-2 tourist visa. So, I simply wrote " TOURIST " for the my USCIS forma status. That was the status you entered as. ( It doesn't matter anyway, they know more than you can imagine about you after they have receive your paperwork.)

SO, don't worry! If you have anymore questions, ask! I am not a lawyer, but I have searched a lot!

Good luck!

 

[TheRealCanadian]

So, I simply wrote " TOURIST " for the my USCIS forma status. That was the status you entered as. ( It doesn't matter anyway, they know more than you can imagine about you after they have receive your paperwork.)

They ask for current immigration status. If you have overstayed, you should put N/A or None.

 

[Mrsskyblue]

Hello!

Well, I personally don't think it's proper to write "F-1 OVERSTAY". I don't quite know what the F-1 visa is, but mine for example was the B-2 tourist visa. So, I simply wrote " TOURIST " for the my USCIS forma status. That was the status you entered as. ( It doesn't matter anyway, they know more than you can imagine about you after they have receive your paperwork.)

They ask for current immigration status. If you have overstayed, you should put N/A or None.

Thanks. F-1 is a student visa. That part is really confusing, I will keep searching to see. Somewhere I read that I put f-1 and expiration date of that status. my date shows like its still valid but if you don't volunteer or work after 90 days of getting that work document for f-1, your status is no longer valid. so even if i put my expiration date, it will look like i still am f-1 and they might require work documents/proof which i don;t have.

thanks for the replies so far

 

[PaulK]

Yo should write "OUT OF STATUS".
You can NOT 'overstay' F1 visa since the visa is issued for the Duration Of Status (DOS) as listed on your visa. Therefore your visa is only valid while you go to school, or if you have OPT , untill its exp. date.
There is nothing to worry about since you are filling as USC spouse.

Good luck

Hi everyone, I need a little help,

My husband (USC) and I are about to file an AOS packet and I have some questions about the I-485 form/process. I was on F1 visa then got my OPT accepted after graduation (06/20/2009), we got married a little bit after that, end of September. Although it says my OPT expires on 06/19/2010, I did not work or volunteer during those 90 days required to keep my F1/OPT status active. I was advised that meant that I have violated my status and I'm an "overstay" or out of status but could still file since I was already married...?

My question in relation to filing is...
form i-485: how do we fill the "Current USCIS Status" ?
and what type of "Application Type" in part 2 do I choose?

Is it proper to put 'overstay' in sections that ask for my current immigration status? Such as in the form i-765?

Please any advice would be appreciated