Shocker At Interview!!!!!!!!!

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STUDENTS (F-1 VISA) OVERSTAYS MEAN NOTHING WHEN THEY MARRY AN UNITED STATES CITIZEN. OVERSTAYS/ILLEGAL EMPLOYMENT WILL BE FORGIVEN. THERE IS NO NEED TO FILE I-601. THE OFFICER WHO SAID SO IS EITHER OVERZEALOUS OR UNEXPERIENCED AND IS WRONG.

Is that clear enough? :rolleyes:
 
PraetorianXI, your big fronts calm me down and drop my adrenanline hahahaha. Thanks

I have done researched about the I-601. See if it helps
The I-601 Waiver is most commonly required if the alien has committed immigration fraud, has a criminal record, or has been unlawfully present in the United States for more than 180 days and is now outside the US. The waiver is available for the fiance(e) of a citizen, the spouse of a citizen or permanent resident, and for the child of a citizen or permanent resident.

Also check http://www.visacentral.net/I601Memo.pdf
 
kiddhan625 said:
Yes look at my sig line! Everything was filed together. This was based on the attorneys advice. He stated that although it MAY NOT BE REQUIRED...IT'S BETTER BE SAFE THEN SORRY!
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Oh really, then you surely must have filed for

Application for Posthumous Citizenship - N644

http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

You must have, I mean... although it may not be required (and of course it is not! :rolleyes:) it is better to be safe than sorry! :D
 
kiddhan625 said:
Yes look at my sig line! Everything was filed together. This was based on the attorneys advice. He stated that although it MAY NOT BE REQUIRED...IT'S BETTER BE SAFE THEN SORRY!
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What evidence did you provide for filing i-601? How do you answer the question #10 Applicant was declared inadmissible to the US for the following reasons, List acts, convictions, or physical or mental condition)
 
kiddhan625 said:
No evidence other then the standard (copy of all pages in passport, i-94, etc).

As far as question 10 I don't currently have the documents on me so I can not remember.
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Did you write any letter in additional to the i-601?
USCIS website lists the filing fee is $545. I read from somewhere mentions no fee is required if filing with i-485packet. Which one is true?
 
kaytee said:
I started school in 2003. Had financial difficulties in fall 2004 and had to withdraw from school. At the time of withdrawal had a valid form I-20. As an F1 you are not allowed to miss more than one semester or else you are out of status. My student visa doesnt expire until 2008. But that has nothing to do with my status . The fact that i had to withdraw from school is what made me out of status.
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Thanks for that description, I have been trying to get that accross on this forum.
 
Greencattle said:
I guess USCIS requires you to file I601 simply because you were withdrawal from school when you were required to do so and you have to explain the situation.
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Falling out of status for F-1/J-1 student may be caused by different things: illegal employment, dropping course load below full time, expired I-20 (overstay), withdrawing from school altogether, etc. They all lead to being out of status. But not necessarily to accumulating illegal presense, see above.

I-601 is not required in this case if married to a USC and there is no deportation/removal order for you.
 
LucyMO said:
Falling out of status for F-1/J-1 student may be caused by different things: illegal employment, dropping course load below full time, expired I-20 (overstay), withdrawing from school altogether, etc. They all lead to being out of status. But not necessarily to accumulating illegal presense, see above.

I-601 is not required in this case if married to a USC and there is no deportation/removal order for you.
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<< Where did you find that information? Tks!
 
The overstay (less than 180 days) and illegal working is pardoned only to the students living in the US or it is also pardoned for the students who has left US ?
 
since students have D/S in their I-94, they do not start accumulating illegal presence until an immigration officer makes an official determination about it. Hence, F-1 and J-1 students do not always get the ban.
 
LucyMO said:
since students have D/S in their I-94, they do not start accumulating illegal presence until an immigration officer makes an official determination about it. Hence, F-1 and J-1 students do not always get the ban.
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Do you if that applies for other non immigrant visas too? And the circuntances of the determination of illegal presence?

Tks!
 
I don't get this thread. I thought that if you entered legally and had proof of entry, whether I-94 had S/S or an expiration date, if you marry a USC any overstay is forgiven???

Doesn't the count of unlawful presence only enter in effect if you choose to leave the country on AP for example. Then in that case the unlawful presence number of days will determine whether there is no bar to re-entry, or 3-10 year bar?
 
constructus said:
I don't get this thread. I thought that if you entered legally and had proof of entry, whether I-94 had S/S or an expiration date, if you marry a USC any overstay is forgiven???

Doesn't the count of unlawful presence only enter in effect if you choose to leave the country on AP for example. Then in that case the unlawful presence number of days will determine whether there is no bar to re-entry, or 3-10 year bar?
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It seems I wasn't the only with a case like this. The more I read the more amazed I get...
 
This is what I read on this page: http://www.mnllp.com/EEpublicchargeinfo.html#Unlawful Presence Time Period

Students With "D/S"

A nonimmigrant student does not accrue unlawful presence unless a status violation determination has been made.

Students do not have an expiration date on the visa "status" document, but "D/S" (duration of status) on the I-94 Arrival/Departure Card (typical "D/S" holders are F, M, J and I visa status holders). Unless a status violation determination is made, there is no unlawful presence, even if there are status violations. Therefore, if a "D/S" student files for "re-instatement" to F-1 status, he/she may trigger the US CIS to make a determination that there is a status violation. If this determination is made, unlawful presence begins on the date of the determination.)




So is it because the OP asked at some point for reinstatement, that it triggered a determination by the judge or USCIS to be out of status.

But anyway does that count as long as you never left the country, or as in her case she was re-admitted all the time lawfully.
 
constructus said:
This is what I read on this page: http://www.mnllp.com/EEpublicchargeinfo.html#Unlawful Presence Time Period

Students With "D/S"

A nonimmigrant student does not accrue unlawful presence unless a status violation determination has been made.

Students do not have an expiration date on the visa "status" document, but "D/S" (duration of status) on the I-94 Arrival/Departure Card (typical "D/S" holders are F, M, J and I visa status holders). Unless a status violation determination is made, there is no unlawful presence, even if there are status violations. Therefore, if a "D/S" student files for "re-instatement" to F-1 status, he/she may trigger the US CIS to make a determination that there is a status violation. If this determination is made, unlawful presence begins on the date of the determination.)




So is it because the OP asked at some point for reinstatement, that it triggered a determination by the judge or USCIS to be out of status.

But anyway does that count as long as you never left the country, or as in her case she was re-admitted all the time lawfully.
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I love reading this things... ;)
 
kaytee said:
I Am An F1 Student Out Of Status, Never Left The Country Since I've Been Out Of Status (since 2004). Been Married To Usc Since 2005.had My Interview Last Week. Io Says I Need To Complete A Form I-601 To Apply For A Waiver Because I Was Out Of Status. I've Read So Many Cases On This Forum Which Were Similar To Mine Never Seen Anyone With That Issue. I Submitted The I-601 Same Day. Havent Gotten Any Response From Uscis Since. Interview Went Very Well Im Just Shocked Cause I Thought Been Married To A Usc Would Have Forgiven The Fact That I Was Out Of Status. The Io Says Not For F1 Students. Has Anyone Else Has This Experience? IM CONFUSED NOT SURE IF THE WAIVER WILL BE APPROVED OR NOT
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Hi Kaytee!!

Your story is a bit similar to mine. Like you, i am an F1 Student. I married my wonderful husband in May 2004. I missed one semester due to finances, however i re-enrolled and graduated in October 2005.

After my graduations I started to focus on the immigration process. I was a very concerned because my F1 Visa was about to expired. So i made an info pass to gain knowledge with the process; and the IO informed me on how to file..But we didn't file until Feb 2007. (Am I out of status??) I don't know!!

Our interview was very pleasant, the IO who interviewed us was very polite. We made sure we gave USCIS everything they asked for plus a whole lot of praying.

We are approved pending FBI name check...

I'm pretty confident you will be approve
 
I-94/ds

TheRealCanadian said:
What other non-immigrant visa holders have their I-94s labeled with D/S? ;)
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People who work for international organizations, UN, World Bank, PAHO, Interamerican Development Banks are issued G4 visa, and their I-94 are stamped with D/S. You can work for these institution with an expired visa for 20 years-with a D/S, but when u leave the country u will have to renew your visa, which takes 45 minutes through US consulates abroad....
 
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