Questions about F1 overstay,travel and applications...

[alekspoker1]

I am currently an F1 visa holder. My next semester starts on the 25th of august. I plan to marry my fiancee, a us citizen, and stop going to school next semester. Officials from my college have told me that, if I loose my status as F1 student because of not being enrolled in classes, they have to report that to USCIS no later than the 21st of september, so I have to get married and apply for adjustment of status and receive the respense from USCIS before 21st and bring the proof to the college so they can report that I am adjusting the status. If I dont show the paper by the 21st of september I will be out of status. I am worried that I will not be able to marry my fiancee and file all the documents and get the response by that time. I might be out of status for a week or couple of weeks and be illegaly in the US during that time.

1) How will this affect me getting the green card?
2) Will I be able to travel out of US after I get AP and still be allowed to get back in?

Another question regarding apllications and fees:
3) What are the minimum documents that my spouse and I can send for my adjustment of status at the beginning? I ask that because I am not very good with money right now so I want to send and pay for only the minimum number of documents at the beginning until I get a work permit and then send the rest later.

Also:
4)We want to get married now but make the wedding later because of our financial situation. Is this going to be bad for my GC? We are legit, getting married out of love, my fiancee has even been to my country for this whole summer with me.

Thank you everyone in advance!

 

[alekspoker1]

please someone help me... I am new to all this and need some help. ive been searching on the forum but still need some answers.

 

[Jackolantern]

Technically, you will be out of status since the 25th of August if you don't enroll in classes. The school is just giving you a grace period until Sep 21 before they report you.

You came here for school, so why stop just because you get married? Dropping out of school as soon as you get married doesn't look good as far as your marriage-based GC is concerned ... by itself it is not grounds for denial, but it is a factor that makes your case seem like you only got married for the GC.

Anyway, what will happen is that when they report you to USCIS, USCIS will become aware of you dropping out of status, and you may be deported if they catch you before you file the I-485.

 

[alekspoker1]

Technically, you will be out of status since the 25th of August if you don't enroll in classes. The school is just giving you a grace period until Sep 21 before they report you.

You came here for school, so why stop just because you get married? Dropping out of school as soon as you get married doesn't look good as far as your marriage-based GC is concerned ... by itself it is not grounds for denial, but it is a factor that makes your case seem like you only got married for the GC.

Anyway, what will happen is that when they report you to USCIS, USCIS will become aware of you dropping out of status, and you may be deported if they catch you before you file the I-485.

ive been going to college for 2 years and i was living with my relatives and didnt have to pay for rent or food, but now i will live wih my wife and my family cannot afford to pay for rent and living expenses plus out of state tuition. that is why i want to make a brake from school for 1 year and then continue. ill get a work permit after couple of months but i still cannot afford to pay for school for those couple of months and then continue paying every month 1000 dollars for tuition and live w my wife and have a car and everything. I have read on several places that some people have stayed even several years out of status on f1 visa and then got married to US citizen and it was all ok. do you think that i can do that too, but i would only stay out of status for couple weeks max? my marriage is legit. my fiancee is 2 yrs younger than me and we are in love. as i said above shes been to my country the whole summer with me and met my family and friends and we even went to a vacation in greece for 10 days. I have pictures of that trip and the whole summer that i can show when we go to the interview. do u think that officers can come and look for me to deport me in that short period while i am illegal? does that happen often?

 

[Al Southner]

Stay in school noodle man!!!

please someone help me... I am new to all this and need some help. ive been searching on the forum but still need some answers.

As Jack indicated, why drop out of school before you filing for your GC application? Just go to school dude, no need to be overly exited about your GC application. If you are caught by ICE before filing for your GC, then you are screwed... Fast forward, assume that you file your paperwork and interview is scheduled, you will be asked why did you drop out of school? In reading your post, you mention that money might be a problem for you and you need to file the minimum paperwork till you land a big sack of money from Mars.. Unfortunately, you have to fill all required forms with appropriate filing fee for USCIS to consider granting you the minimum paperwork, work permit. You are looking at about $1500 for all forms.

Man, just stay in school and retain your F1 visa status. Find a campus job, make some money and wait till you have enough money to file the paperwork. READ THIS SLOWLY: YOU CANNOT FILE MINIMUM FORMS FOR USCIS TO OFFER YOU A WORK PERMIT, YOU NEED TO FILE ALL REQUIRED FORMS TO GAIN BENEFITS SUCH AS WORK PERMIT AND ADVANCE PAROLE.
If you are struggling with $$$ now, then what assurances do you have that by Sept 21st, you will have required filing fee? Also, marrying is an expensive proposition, you and wife need to be prepared for beginning life together with some $$$. Friend, think with your brain, not with you know what...

 

[Jackolantern]

ive been going to college for 2 years and i was living with my relatives and didnt have to pay for rent or food, but now i will live wih my wife and my family cannot afford to pay for rent and living expenses plus out of state tuition. that is why i want to make a brake from school for 1 year and then continue.

OK, you can give that explanation in the interview... that you are not dropping out just because you're on your way to getting a green card, you're only taking a break because of the financial demands of your new married life. Although it would help if you even attend one class as a part-time student to show that you are not dropping out just because of the green card.

do u think that officers can come and look for me to deport me in that short period while i am illegal? does that happen often?

Probably not in that short time, but if you find yourself in a situation where you have to prove immigration status, like a traffic stop* or at the airport, that's when you could run into trouble. On this forum a guy's wife ran into trouble like that ... she fell out of status and took a domestic flight, thinking it was OK because passports and visas are not required for domestic flights. But there were immigration agents roaming the airport, asking people if they are citizens and for proof of legal status. They arrested and detained her and she was given a court date to see an immigration judge. Then the guy had to expend a lot of effort and money to stop her from being deported.


*if your state has authorized police to do that, or if they have border patrol checkpoints in your state

4)We want to get married now but make the wedding later because of our financial situation. Is this going to be bad for my GC?

It doesn't doom your case, but it doesn't look good. It is a red flag, because fraud marriages usually just have a quick legal procedure without a ceremony. Your financial situation is not a good excuse for not having at least a small family-only wedding at a relative's house with 5 or 10 guests, and because there are income requirements you have to satisfy for the green card itself (are you aware of those requirements?).