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F1, Out of Status, Applying for AOS

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  • 03-06-2010, 08:18 AM
    alice2010
    F1, Out of Status, Applying for AOS
    Hello,
    I am going to marry with my fiance, who submitted his application for citizenship today. We are planning to file I130, and when he naturalized, I 485. I am F1(D/S), but will be out of status April 18 due to 90 days unemployment. I read I won't be unlwaful presense(which accrues 180 days limit) untile ICE finds me or USCIS denies my AOS. But, my DSO will terminate my status on SEVIS, doesn't USCIS consider this information as the beginnig of unlawful presense?

    I read that lately ICE has known to take action. In case they find me before we apply AOS, the filing of AOS does not stop my unlawful presense. So, depending on the duration of AOS, I may reach to 180 days. Am I correct?

    I don't want to accrue unlawful presense, because I have a sick father back in my country. I want to get AP and travel without having reentry ploblem. Do you think it is the safest way to depart in time(April 18), and apply for fiance visa? If I consider fiance visa, would it be a problem departing after April 18?

    Great thanks in advance.
  • 03-07-2010, 08:40 PM
    Mr. Knowitall
    Re: F1, Out of Status, Applying for AOS
    Your dropping out of school will be reported to the USCIS. What they do with the information - whether they immediately commence deportation proceedings or if they don't take action - is anybody's guess. I hear about cases where they act quickly, or don't act for years, but there's no obvious pattern.

    The AOS won't end your unlawful presence, but that's not likely to affect you unless you leave the U.S. Your overstay could be an issue, even if you're D/S, even if it's not long enough or due to your D/S status doesn't create a period of ineligibility. You probably have a sixty day grace period, but I'm not clear on the specifics of your visa and stay.
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