SEVIS Terminated & married, Can I apply ?

F

fff_666

Registered Users (C)
Hello,

I was a F1 student. But this semester I failed to
register so my SEVIS is terminated . I'm married to a
USC since agust but I haven't applied for anything yet.

The school says that I can reaply for SEVIS before next
semester but since I'm married may I apply for change of status
even though now I'm out of status.


Thanks in advance.
 
It's not very clear on the original post.
I got married 2 months prior the SEVIS
termination. The termination just happened
very recently.
 
it doesn't matter. Go ahead and apply for adjustment of status. You will be fine. It will be advisable not to travel overseas before you get a GC, even with an advance parole.
 
Hi
I am in the same situation I am on an F-1 visa and my visa expires end of this month and my AOS application will be with the DHS in the first week of November. I was thinking if people like us have to fill out the I-485A and pay $ 1000 fee or just send the regular I485A. Damm birth certificate it is taking so much time.
 
bps01 said:
Hi
I am in the same situation I am on an F-1 visa and my visa expires end of this month and my AOS application will be with the DHS in the first week of November. I was thinking if people like us have to fill out the I-485A and pay $ 1000 fee or just send the regular I485A. Damm birth certificate it is taking so much time.
Click to expand...


I double checked with a lawyer, As long as you have not crossed the 180 days mark after your visa expires, INS is ok. but once the ban sets in then a different set of standards apply. Finally sending in everything tommorow.
 
first, the expiration date on your visa is irrelevant. The expiration date on your I-20 is everything to you. THe ban doesn't kick in until you leave the US. It doesnt' kick in for F-1 people the same way it does for others, anyway.
 
Guys,

According to my talk to the lawyer, he said that if you are on an F-1 , then the DSO of the college will inform the SEVIS of your date of u are of the SEVIS. (Eg Dec 1st)

The Student has 30 days to go home or enroll into another college before he is out of status. ( December 30 in our case)

Now the 180 day ban will kick in By March 30 in this case.

If you get in you I-130 and I-485 before March 30 your case will be all right. But after that it depends on the adjuster who is looking into the case.

Disclaimer..plz check with a lawyer if your case has more issues involved.
 
Hello,
My case is similar to above but i am married to a guy who has EAD and H1-B. what would be the solution in my case? my SEVIS is terminated and i am out of status right now.
terminated on Jan 18th 2011.....can I apply for H4 with my current status being out of status?
please help....
 
mahia123 said:
Hello,
My case is similar to above but i am married to a guy who has EAD and H1-B. what would be the solution in my case? my SEVIS is terminated and i am out of status right now.
terminated on Jan 18th 2011.....can I apply for H4 with my current status being out of status?
please help....
Click to expand...

You can't stay in the US to switch to H4, but if you leave the US before accumulating 180 days of unlawful presence, you can apply for H4 outside the US and return with H4 status. That's only if he has maintained his H1B status by working for the employer that sponsored his H1B, and did not use the EAD.

After returning to the US with H4 status, you can use the H4 to resume your studies. And with H4 you can study part time if you want, unlike F1 which requires full time.
 
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