HELP!! Getting married to apply for green card but F-1 Visa expired

[Cheryl1226]

Hi Everyone,

I am facing an immigration issue and I hope you can help me.

I am originally from China. I got in US with F-1 Visa. My F-1 Visa was already expired.
After the Visa expiration date, I never left US and did not renew the Visa (I was told by my school advisor that it is ok as long as I am in the US with valid I-20 form, even though my Visa was expired).

My program is to be finished soon in June and then I will have a 60-day grace period, which ends before the end of August.

At the same time, I and my fianc? (he is US citizen) are going to get married on June 18.
After we get married, I want to apply for the green card.

Here are my questions:
1.I heard from people that it will be around 3 to 6 months from applying for it until finally receive it (temporary green card with 2 year expiration). So in such situation, if I start the process right after I get married, but do not receive the green card before the end of my grace period, do I have to leave US (after the end of my grace period)?
2.If I have to leave US, how can I get back in US again. I cannot renew my F-1 visa anymore because my school program is to be finished.
3. If I do not have to leave US, what form or application should I do to keep my status good.
4. Would it be a possible solution for my situation that if I transfer to another school before the end of my grace period and waiting for the green card at the same time?

Please reply if you know about the situation or ever been through it. Thank you!!

[hopeanddream]

Hi Everyone,

I am facing an immigration issue and I hope you can help me.

I am originally from China. I got in US with F-1 Visa. My F-1 Visa was already expired.
After the Visa expiration date, I never left US and did not renew the Visa (I was told by my school advisor that it is ok as long as I am in the US with valid I-20 form, even though my Visa was expired).

My program is to be finished soon in June and then I will have a 60-day grace period, which ends before the end of August.

At the same time, I and my fianc? (he is US citizen) are going to get married on June 18.
After we get married, I want to apply for the green card.

Here are my questions:
1.I heard from people that it will be around 3 to 6 months from applying for it until finally receive it (temporary green card with 2 year expiration). So in such situation, if I start the process right after I get married, but do not receive the green card before the end of my grace period, do I have to leave US (after the end of my grace period)?
2.If I have to leave US, how can I get back in US again. I cannot renew my F-1 visa anymore because my school program is to be finished.
3. If I do not have to leave US, what form or application should I do to keep my status good.
4. Would it be a possible solution for my situation that if I transfer to another school before the end of my grace period and waiting for the green card at the same time?

Please reply if you know about the situation or ever been through it. Thank you!!

1.I heard from people that it will be around 3 to 6 months from applying for it until finally receive it (temporary green card with 2 year expiration). So in such situation, if I start the process right after I get married, but do not receive the green card before the end of my grace period, do I have to leave US (after the end of my grace period)?
No, your status will change to "AOS pending", unlawful presence becomes invalidated in your case.
2.If I have to leave US, how can I get back in US again. I cannot renew my F-1 visa anymore because my school program is to be finished.
Unfortunately you cannot, you have to apply for Ad.Parole document to travel, and Employment Authorization document to work in the interim till USCIS work on your case. Well, you can join another school, transfer your SEVIS and keep your status,and travel as F1, but these days that is no guarantee you will be allowed back.
3. If I do not have to leave US, what form or application should I do to keep my status good.
after USCIS accepts your I485 adjustment of status, your will not accumulate any unlawful presence, your status would be so called "Adjustment of Status pending"
4. Would it be a possible solution for my situation that if I transfer to another school before the end of my grace period and waiting for the green card at the same time?
This is a good idea, not necessary but a safe bet and it depends, for example you go to the interview and you get rejected (which is very rare if your marriage is bonafide), in that case you will have your f1 to hold on to.

[mingaling3]

同国人，我请了律师，我老公也是因为USCIS 拖太久F1 expired, 我还是绿卡，这就是很心累心烦的事情了。但是你不一样，你老公是公民，这件事就会容易很多。

Hi Everyone,

I am facing an immigration issue and I hope you can help me.

I am originally from China. I got in US with F-1 Visa. My F-1 Visa was already expired.
After the Visa expiration date, I never left US and did not renew the Visa (I was told by my school advisor that it is ok as long as I am in the US with valid I-20 form, even though my Visa was expired).

My program is to be finished soon in June and then I will have a 60-day grace period, which ends before the end of August.

At the same time, I and my fianc? (he is US citizen) are going to get married on June 18.
After we get married, I want to apply for the green card.

Here are my questions:
1.I heard from people that it will be around 3 to 6 months from applying for it until finally receive it (temporary green card with 2 year expiration). So in such situation, if I start the process right after I get married, but do not receive the green card before the end of my grace period, do I have to leave US (after the end of my grace period)? 不需要 pending I485 是一种status
2.If I have to leave US, how can I get back in US again. I cannot renew my F-1 visa anymore because my school program is to be finished. 作为美国公民的对象你可以一直蹲这里，即使非法工作，没有合法身份等（律师说的哈）
3. If I do not have to leave US, what form or application should I do to keep my status good. （就是I485就好啦）
4. Would it be a possible solution for my situation that if I transfer to another school before the end of my grace period and waiting for the green card at the same time? I130 I485 I765可以一起申请，甚至可以现在先领证就可以开始申请了，婚礼再后补

Please reply if you know about the situation or ever been through it. Thank you!!

[UScitizenFilingforspouse]

Hi Everyone,

I am facing an immigration issue and I hope you can help me.

I am originally from China. I got in US with F-1 Visa. My F-1 Visa was already expired.
After the Visa expiration date, I never left US and did not renew the Visa (I was told by my school advisor that it is ok as long as I am in the US with valid I-20 form, even though my Visa was expired).

My program is to be finished soon in June and then I will have a 60-day grace period, which ends before the end of August.

At the same time, I and my fianc? (he is US citizen) are going to get married on June 18.
After we get married, I want to apply for the green card.

Here are my questions:
1.I heard from people that it will be around 3 to 6 months from applying for it until finally receive it (temporary green card with 2 year expiration). So in such situation, if I start the process right after I get married, but do not receive the green card before the end of my grace period, do I have to leave US (after the end of my grace period)?
2.If I have to leave US, how can I get back in US again. I cannot renew my F-1 visa anymore because my school program is to be finished.
3. If I do not have to leave US, what form or application should I do to keep my status good.
4. Would it be a possible solution for my situation that if I transfer to another school before the end of my grace period and waiting for the green card at the same time?

Please reply if you know about the situation or ever been through it. Thank you!!

Cheryl,

how promptly you get your green card, or at least, how promptly you are scheduled for an adjustment of status interview, really depends upon your Field Office. Choose wisely where you file. You can check processing times here. https://egov.uscis.gov/processing-times/

I am not sure about what your advisor stated. I do know that you probably have an I-94 with a D/S stamp. Because there is no date, you won't accrue any unlawful presence time unless a judge makes the finding that you are out of status and declares you are accruing unlawful presence as of that date. The rules changed for students recently. However, since you have that D/S stamp, you should be fine.

You may choose to maintain your status or not. It's probably ideal to maintain legal status. However, stay out of trouble and you won't run into law enforcement which could refer you to a judge, who could then make a finding of out of statu/unlawful presence. So stay away from judges!

I would probably get married in court ASAP and then, have a ceremony and celebration with whoever you'd like. Don't delay getting married to have a big party. It's not worth it. USCIS does not care. They care that your marriage is legal.

Your grace period is 60 days. Getting a green card in 60 days is not impossible, however, it does not happen often. I've read of people with extenuating circumstances who were able to expedite the entire I-130/I-485 adjustment of status process.

Did you apply for OPT? Is that an option for you?

You should not leave the US if you are getting married and will adjust status here. Otherwise, it can get complicated for you.

Another option is to get married, and file the I-130 at the USCIS International office in person. That requires that the petitioner and you are present and residing in china. That being said, the I-130 takes less than 1 month to be processed.

Check processing times of international offices here. https://egov.uscis.gov/processing-ti...rations-office

If you choose to stay and adjust status, I'd suggest you choose wisely. Here are the top 20 field offices before employment based AOS interviews started. Field offices without a heavy influx of employment based AOS applications won't be affected that much by this new requirement. So I would still go by this table.

All the best,

USCFFS

[newacct]

Hi Everyone,

I am facing an immigration issue and I hope you can help me.

I am originally from China. I got in US with F-1 Visa. My F-1 Visa was already expired.
After the Visa expiration date, I never left US and did not renew the Visa (I was told by my school advisor that it is ok as long as I am in the US with valid I-20 form, even though my Visa was expired).

My program is to be finished soon in June and then I will have a 60-day grace period, which ends before the end of August.

At the same time, I and my fianc? (he is US citizen) are going to get married on June 18.
After we get married, I want to apply for the green card.

Here are my questions:
1.I heard from people that it will be around 3 to 6 months from applying for it until finally receive it (temporary green card with 2 year expiration). So in such situation, if I start the process right after I get married, but do not receive the green card before the end of my grace period, do I have to leave US (after the end of my grace period)?
2.If I have to leave US, how can I get back in US again. I cannot renew my F-1 visa anymore because my school program is to be finished.
3. If I do not have to leave US, what form or application should I do to keep my status good.
4. Would it be a possible solution for my situation that if I transfer to another school before the end of my grace period and waiting for the green card at the same time?

Please reply if you know about the situation or ever been through it. Thank you!!

You can stay in the US for as long as I-485 is pending, regardless of whether you have status or not. It doesn't matter how long I-485 takes. You do not have to leave the US, and you do not have to study if you don't want to.

[Cheryl1226]

You can stay in the US for as long as I-485 is pending, regardless of whether you have status or not. It doesn't matter how long I-485 takes. You do not have to leave the US, and you do not have to study if you don't want to.

Thanks for your reply. So my status will be legal if I-485 is pending after my grace period right?

[newacct]

Thanks for your reply. So my status will be legal if I-485 is pending after my grace period right?

You won't have "status", but you will be staying legally and not be subject to deportation for being out of status.

[sinoptola]

If you are getting married on 6/18/18, just start gathering documents to prove your bona fide relationship and fill out all forms asap. I am a US citizen helping my husband to file AOS. We got married on 2/28/18, filed AOS 3/8/18, interview on 6/15/18. See my signature below for timeline.

[Cheryl1226]

Cheryl,

how promptly you get your green card, or at least, how promptly you are scheduled for an adjustment of status interview, really depends upon your Field Office. Choose wisely where you file. You can check processing times here. https://egov.uscis.gov/processing-times/

I am not sure about what your advisor stated. I do know that you probably have an I-94 with a D/S stamp. Because there is no date, you won't accrue any unlawful presence time unless a judge makes the finding that you are out of status and declares you are accruing unlawful presence as of that date. The rules changed for students recently. However, since you have that D/S stamp, you should be fine.

You may choose to maintain your status or not. It's probably ideal to maintain legal status. However, stay out of trouble and you won't run into law enforcement which could refer you to a judge, who could then make a finding of out of statu/unlawful presence. So stay away from judges!

I would probably get married in court ASAP and then, have a ceremony and celebration with whoever you'd like. Don't delay getting married to have a big party. It's not worth it. USCIS does not care. They care that your marriage is legal.

Your grace period is 60 days. Getting a green card in 60 days is not impossible, however, it does not happen often. I've read of people with extenuating circumstances who were able to expedite the entire I-130/I-485 adjustment of status process.

Did you apply for OPT? Is that an option for you?

You should not leave the US if you are getting married and will adjust status here. Otherwise, it can get complicated for you.

Another option is to get married, and file the I-130 at the USCIS International office in person. That requires that the petitioner and you are present and residing in china. That being said, the I-130 takes less than 1 month to be processed.

Check processing times of international offices here. https://egov.uscis.gov/processing-ti...rations-office

If you choose to stay and adjust status, I'd suggest you choose wisely. Here are the top 20 field offices before employment based AOS interviews started. Field offices without a heavy influx of employment based AOS applications won't be affected that much by this new requirement. So I would still go by this table.

All the best,

USCFFS

Hi, thanks for your reply.

The link of process time is really helpful. I was in California but moved to Indianapolis since my fianc? lives here. I checked the process time in Indianapolis and it shows as "9.5 to 22 months". It is surprising because I though it would only take less than half of a year. Can I file to another office or I have to file to the office which in the state I'm living at now?

I just checked my I-94, it shows D/S now. I am afraid that if it will change once my grace period ends in August. (Or if it will change when I apply for AOS).

I prefer to stay in US and get married here. So do I have to file I-130 too or just the I-485 for AOS?

I do not qualify for OPT so only a 60-day grace period for me after the school program.

In terms of the top 20 office, can you explain more about the employment based/ family based (my case should be a family based right?). It sounds like they will deal with employment based as priority before family based? just a bit confused on this.

Again, thanks so much for all the information! I appreciate your help.

- - - Updated - - -

You won't have "status", but you will be staying legally and not be subject to deportation for being out of status.

I see. Thank you. Do you know that if I can still renew my driver license to drive then? (since the expiration date of my DL is the end of August, which the same as the end of my grace period). Thank you.

- - - Updated - - -

If you are getting married on 6/18/18, just start gathering documents to prove your bona fide relationship and fill out all forms asap. I am a US citizen helping my husband to file AOS. We got married on 2/28/18, filed AOS 3/8/18, interview on 6/15/18. See my signature below for timeline.

Thank you. Your process looks pretty fast. By the way, what documents did you show at the interview. We have some photos and some with his families when we visited them as we as text message. Will this be enough? (I did not pay much attention on collecting "proof" since I was thinking that much before).

[Cheryl1226]

1.I heard from people that it will be around 3 to 6 months from applying for it until finally receive it (temporary green card with 2 year expiration). So in such situation, if I start the process right after I get married, but do not receive the green card before the end of my grace period, do I have to leave US (after the end of my grace period)?
No, your status will change to "AOS pending", unlawful presence becomes invalidated in your case.
2.If I have to leave US, how can I get back in US again. I cannot renew my F-1 visa anymore because my school program is to be finished.
Unfortunately you cannot, you have to apply for Ad.Parole document to travel, and Employment Authorization document to work in the interim till USCIS work on your case. Well, you can join another school, transfer your SEVIS and keep your status,and travel as F1, but these days that is no guarantee you will be allowed back.
3. If I do not have to leave US, what form or application should I do to keep my status good.
after USCIS accepts your I485 adjustment of status, your will not accumulate any unlawful presence, your status would be so called "Adjustment of Status pending"
4. Would it be a possible solution for my situation that if I transfer to another school before the end of my grace period and waiting for the green card at the same time?
This is a good idea, not necessary but a safe bet and it depends, for example you go to the interview and you get rejected (which is very rare if your marriage is bonafide), in that case you will have your f1 to hold on to.

Thanks for your reply. So can I file I-485 and I-765 at the same time or I have to file I-485 first then file I-765? Another question is that do I need to file I-130 if I am currently in US?

[newacct]

I prefer to stay in US and get married here. So do I have to file I-130 too or just the I-485 for AOS?

You should file I-130 and I-485 together.

I see. Thank you. Do you know that if I can still renew my driver license to drive then? (since the expiration date of my DL is the end of August, which the same as the end of my grace period). Thank you.

It depends on state. Many states don't give driver's licenses to people with just I-485 pending, unless their existing status hasn't expired, or they have gotten their EAD. You said you are in Indiana. Here is Indiana's Real ID driver's license requirements. I don't think you have any accepted "identity" document until you get your EAD. There is one called "Unexpired foreign passport without a U.S.Visa if your authorized admittance and lawful status can be verified by DHS", which I believe means verification through the SAVE system, but I doubt that works for I-485 pending.

Thanks for your reply. So can I file I-485 and I-765 at the same time or I have to file I-485 first then file I-765? Another question is that do I need to file I-130 if I am currently in US?

You should file I-130 and I-485 together, and you can also file I-765 and I-131 together with them too. I-765 to apply for an EAD and I-131 to apply for Advance Parole are free for I-485 applicants, so there is no reason why you wouldn't apply for both of them. You can file I-765 and I-131 together with I-485, or you can file them after you file I-485, and attach the I-485 receipt. But you should file them together with I-485 because the earlier you file, the earlier you will get them.

[UScitizenFilingforspouse]

Hi, thanks for your reply.

The link of process time is really helpful. I was in California but moved to Indianapolis since my fianc? lives here. I checked the process time in Indianapolis and it shows as "9.5 to 22 months". It is surprising because I though it would only take less than half of a year. Can I file to another office or I have to file to the office which in the state I'm living at now?

I just checked my I-94, it shows D/S now. I am afraid that if it will change once my grace period ends in August. (Or if it will change when I apply for AOS).

I prefer to stay in US and get married here. So do I have to file I-130 too or just the I-485 for AOS?

I do not qualify for OPT so only a 60-day grace period for me after the school program.

In terms of the top 20 office, can you explain more about the employment based/ family based (my case should be a family based right?). It sounds like they will deal with employment based as priority before family based? just a bit confused on this.

Again, thanks so much for all the information! I appreciate your help.

- - - Updated - - -



I see. Thank you. Do you know that if I can still renew my driver license to drive then? (since the expiration date of my DL is the end of August, which the same as the end of my grace period). Thank you.

- - - Updated - - -



Thank you. Your process looks pretty fast. By the way, what documents did you show at the interview. We have some photos and some with his families when we visited them as we as text message. Will this be enough? (I did not pay much attention on collecting "proof" since I was thinking that much before).

Several unsolicited thoughts. Again this is my opinion. What I am recommending has worked for others. So I am not posting this to start a debate on whether I am right or wrong. If the advice does not suit you, then don't use. Or if others disagree, that's fine. Carry on.

1. I believe in filing a bullet proof package. Preparation is key. Since you are going to file for AOS rather shortly after getting married, I would recommend presenting evidence from the time you met until the present date. That's what you would do for a fiance visa. In your case, following that procedure is appropriate because you won't have all these joint documents/financial ties that are expected as evidence of bona fide marriage. Therefore, showing the longevity of the relationship is key.

2. Bookmark this link https://www.immihelp.com/forum/showt...iew-tips/page3 Go to the first post. I started that thread and listed several links which will give you an insight into the experiences of other members - some were rocky, some were a smooth ride. I recommend reading through them, digest the information, what went right, what went wrong, understand the directions of the I-130 - people interpret those directions in 100 different ways; however, the directions state it clearly that all evidence is expected at the time of filing or a Notice of Intent of Deny may be issued. That is set in stone. The post includes a screenshot of that.

3. Understand why you need a table of contents that lists all your evidence and includes a brief explanation - in a sentence or two - of what the evidence is proof of. Explain any gaps there might be, inconsistencies. E.g., you aren't on your spouse's lease, or unable to open a bank account because you don't have a SSN - in this case you would apply for a SSN and get denied. Then you would show that denial and present it as evidence. That's not the best example because SSN is not a must to open a bank account, and second, you're F-1, so you probably already have a SSN.

***That link also includes my table of contents and the one I used as a guide to craft mine. I recommend complete and redundant sentences.
Don't just write "Joint lease".
Instead, "Copy of lease agreement lising Joseph Smith (Petitioner) and Mary Smith (Beneficiary) as joint tenants at 999 Minnesota Ave #5 Brainerd, MN 55142., since January 8th, 2018 (4 pages). Arrange your evidence in categories. Get creative. It's the information era. Everything can be printed.

4. Receipts, receipts, receipts. Learn how to stage evidence. Xerox of Receipt + Picture + joint checking account checkcard on one page. The picture shows were you were, the receipt confirms the date and time, how you paid. That's how you tie evidence. These don't have to be expensive items or anything like that. Not every couple will have evidence of a honeymoon at an exotic destination, but every couple communicates over text to remind each other "Hun, we're out of milk and bread. Would you grab some on your way home? Love ya." Use IEXPLORER to download your texts. Screenshots are very time consuming and scrolling back to texts from 2 years ago will take forever. Just pay for the license and download them.

4. Since you are going to file right after you get married, you should include a relationship timeline. Arrange your photos following the progression of your relationship timeline. In your case, it's best place OLDEST evidence on top and MOST RECENT at the bottom. That carves the longevity of your relationship onto the ISOs brain.

5. Stay in Indianapolis. I just looked at the data and they do not get that many employment based applications AND basically a few AOS petitions for asylum. SOOOOO that means that the old processing time won't be affected. Why? Because the new interview requirement for ALL employment based AOS petitions and for relatives of asylees won't add that much more work to the field office. I am confident that for Indianapolis. You are looking at 5ish months. If no RFEs and you file a thorough AOS package, maybe less. Stay in Indianapolis. For the sake of comparison, on 12/31/17 - Indiannapolis had 114 pending humanitarian based AOS petitions. Kendall, FL had 10,201. Even if Indiannapolis has to interview all 114 petitions, that's nothing. Whereas Kendall, FL., if they have to 1/5, that's 2,000 applications. That would seriously delay interviews for family based AOS. Because these new interviews have to be fit in between the family based.
But the data shows that Indianapolis is unlikely to be set back by much. I moved to Raleigh, NC based on these tables. I am giving you advice I took for myself. I got the data from here. https://www.uscis.gov/tools/reports-...ustment-status
Just click on my posts, and look for the explanations I have posted on how to intuitively calculate processing times.


Keep asking questions. If you need anything from me specifically, just message me directly. There is no way to tag members on posts, so it's best to just message me.

All the best! You will be fine if you leave nothing to chance. Preparation is key.

USCFFS

[pantherwindy]

I will suggest you apply for OPT first if you want to find a job after graduation. But if you want to transfer to another school, that is another story.

As far as I know, some school accept "485 pending" immigration as a "permanent residents" category.

When you file the document (130,485, 765, 131) and receive the receipt(s) from USCIS, you are legally stay in US. However, you cannot work legally or re-enter US if your combo card has not been approved (I765 and I131=combo card). Now the processing time is about 5-7 months. So you cannot go back to China immediately after you file the document. You have to wait 5-7 months for the combo card.

The tricky thing is when you get your combo card, and you want to book the airplane ticket to China, say next month. But you find you receive the interview notice this week. The interview is scheduled at the week you are in China. Then you have to cancel your ticket or re-schedule the interview (which is at risk).

FYI: visa is for entering US, you don't need to worry you F1 visa as long as you stay here.

Hi Everyone,

I am facing an immigration issue and I hope you can help me.

I am originally from China. I got in US with F-1 Visa. My F-1 Visa was already expired.
After the Visa expiration date, I never left US and did not renew the Visa (I was told by my school advisor that it is ok as long as I am in the US with valid I-20 form, even though my Visa was expired).

My program is to be finished soon in June and then I will have a 60-day grace period, which ends before the end of August.

At the same time, I and my fianc? (he is US citizen) are going to get married on June 18.
After we get married, I want to apply for the green card.

Here are my questions:
1.I heard from people that it will be around 3 to 6 months from applying for it until finally receive it (temporary green card with 2 year expiration). So in such situation, if I start the process right after I get married, but do not receive the green card before the end of my grace period, do I have to leave US (after the end of my grace period)?
2.If I have to leave US, how can I get back in US again. I cannot renew my F-1 visa anymore because my school program is to be finished.
3. If I do not have to leave US, what form or application should I do to keep my status good.
4. Would it be a possible solution for my situation that if I transfer to another school before the end of my grace period and waiting for the green card at the same time?

Please reply if you know about the situation or ever been through it. Thank you!!

[XiaoZZ]

No worries bc your husband is citizen. But if you apply green card as soon as you get married, you get to have enough proofs to show that you guys have no intention to get married for your greencard.
otherwise you are fine.