Hello. Im currently in the US on an F1 Visa, but fell out of status for not attending classes at all (in other words I havent attended classes since I got to the states) due to some reasons. I have been out of status for about 3 months. I have been with my girlfriend who is a US citizen for some time now, we intend getting married by the end of this year. From previous questions and answers on this sort of issue, I understand it would be possible to adjust my status based on grounds of marriage. My question is, do you think I could have some problems with USCIS due to the fact that I didnt attend classes at all? even though my marriage to my girlfriend is totally based on love.
No! But get married to her soon and file the AOS. Because as a student you registered through SEVIS, they are aware youre out of status and MAY start looking for you soon. Dont waste any time. If youre busted before you file, you could be in for a world of hurt!
Thanks a lot ananga. Wow!! that sounds scary. Ive been in that States only 3 months, if I get married now wont it seem fishy, like Im actually getting married for the purpose of getting back in status, and not that I actually love her?
Firefly, can you take all the exclamation marks off your Title? Lots of exclamation marks imply yelling in cyber communication etiquette.
If youve only been here 3 months and NEVER registered for school, yes USCIS will most likely consider you had immigration intent and give you a lot of hell. You need a good lawyer.
Alternatively, note that you have only accumulated 3 months of being out of status so if you leave, you are NOT subject to any ban. If the US citizen really loves you that bad, you can go back home and she comes over, get married, and do consular processing. You will be back to the US within a year with a green card . Another route would be for her to get you a fiancee visa and you can be here in about nine months.
See a lawyer because you have options
Marriage to Out of Status F1 Visa Holder. HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!