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  1. #1
    Join Date
    Nov 2010
    Posts
    2

    Default What is My Current USCIS Status

    I am applying for a family based green card. I was an Au Pair in the United States from August 2008- March 2010 and after that I changed my J visa in my homecountry (Germany) and became an international Student with a F-1 visa. I came back as a student in August 2010 and college started. After the first two weeks my boyfriend and I, we are dating for two years now, decided to get married since the out of state fees would be to expensive for me in the long run. I dropped out of school two weeks after the fall quarter started and never had to pay the fees for the quarter. Since I broke the rules for international students that is to be enrolled in a minimum of 12 units a quarter and I completely droped out, the immigration advisor at my college notifyed The Department of Homeland Security (DHS) of my violation (in November) and my F-1 immigration status was automatically terminated. The advisor told me that violation of immigration regulations is a very serious matter and the longer I remain in the United States without resolving this matter the more likely I will have serious immigration problems in the future including the possibility of arrest and deportation and/or bars from changing to another immigration status or from reentering the United States in the future.
    My boyfriednd and I did not have a wedding ceremony yet, we went to sign the marriage licence in September and are planing to have a ceremony within the next two weeks. Will I have any problems with the DHS?
    Right now I am preparing the i-485 package and I am almost done exept for some questions on the i-485. I am not sure if I have to involve a lawyer or not because it says that I would have to maintain my international student status. So I don't know what USCIS and current immigration status is right now. On the form I-485 it is asking for my "current USCIS" status and "expires on". Should i put "F-1" or am I something else like "out of status"? Also I am not sure what to put on form I-765 where they are asking for the "curret immigration status". Since I am not attending college anymore, do I need a laywer for the immigration progress? So far, I've filled everything else for the application, I am only stuck on my status type. On the I-485 I put that "I am the spouse of a U.S. citizen" for my application type, is that right?

    Thank you!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What is My Current USCIS Status Do I Need to Hire a Lawyer

    You have told us that you're out of status, so we have to take your word for it that you're out of status.

    The USCIS investigates all marriages offered as a basis for adjustment of status to one degree or another. Beyond the timing, which is likely to be scrutinized, we don't know if there's anything about your marriage that may heighten their suspicions.

  3. #3
    Join Date
    Nov 2010
    Posts
    2

    Default Re: What is My Current USCIS Status Do I Need to Hire a Lawyer

    Thank you Mr. Knowitall! Would you recommend me hiring a lawyer in my case? What happens if I try to file and send the AOS without hiring a lawyer and and they reject me? Will I be able to apply again with a lawyer and a better chance of acceptance?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What is My Current USCIS Status Do I Need to Hire a Lawyer

    If you would feel more comfortable working with a lawyer, I doubt that anybody is going to tell you not to hire a lawyer. It's possible to handle things yourself, but you don't have the experience that a practiced immigration lawyer would bring to the table. I'm not going to speculate about odds.

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