Jean

Hi,

I'm a foreign student and has been living in the US for almost 5 years
(I also travel back and forward to my country and others several times
while I'm living here). I first came in to the US on Sept 1998, and I
met my husband (a US Citizen) 2 weeks after that. After we've been
together for 4 and half years, we decided to get married at city hall
on June 19, 2003. We are married now,

However, last spring 2003 I only took less than 12 units of classes,
and that makes me become out of status F-1 student. I found out when I
tried to enroll the class for fall 2003, the school eventually hold
all my records and didn't let me add the class. I talked with the
International counselor to make me be able to take classes while I'm
goint to apply the petition but it didn't really help at all. For more
information, my I-20 is valid till Dec 2003 and my F-1 visa is valid
till May 2006. And so far I haven't received any notification letter
from INS regarding my status.

In the meantime, my husband and I are going to apply the I-130 and
I-485 soon after we get all the evidence documents ready. My questions
are:

1. On form I-130, No.# 14 It says DATE ARRIVED (MONTH/DAY/YEAR)
Since I've traveled few times, I don't really know which arrival
date that
I should write into this question. I came to the US with the F-1
visa on
June 2001 and I had two trips after that. My last trip was on
December 2002
and I arrived in to US on Jan 2003 with new I-94 (on F-1 status).
Which date
that I have to put on this question? Is it the first arrival or the
last
one?

2. On form I-485, PART 1. It says CURRENT INS STATUS
Should I put "OUT OF STATUS F-1" or only "F-1 STUDENT" ?

3. On form I-485, PART 1. It says DATE OF LAST ARRIVAL
(MONTH/DAY/YEAR)
Should I write my last arrival which is on Jan 2003?

4. On form I-485, PART 3 (A). It says NONIMMIGRANT VISA NUMBER
Is it the number on my I-94 (the hand written one)or the control
number on
my F-1 visa?

5, On form I-485, PART 3 (B). It says LIST YOUR PRESENT HUSBAND/WIFE
AND
ALL OUR SONS AND DAUGHTERS
Should I write my husband name on this column?

6. Regarding my status right now, do I need to file the I-485
supplement-A for
$1,000 penalty?

That's all my questions, any advice would be appreciated and thank you
very much.

Jade

Folinskyinla

Hi:

#1 -- the last entry
#2 -- F-1 is just fine -- being "out of status" is a question for BCIS to determine, not you -- besides, it is not relevant here.
#3 -- Last arrival -- it asked specifically for that.
#4 -- the control number on the visa.
#5 -- your husband's name
#6 -- No, not at all. The $1000 penalty is not applicable to you.

"The answer is easy if you take it logically." Paul Simon

Jean

Thank you very much, Paul
I really appreciate your response

Jade