tripsul

Hi

I have a question.

I'm and F1 student and I've been married for 2 years to us citizen. I was in status all the time till now. I have a valid I-20. Now I just found out that I won't be getting my scholarship for the fall semester and i really cannot afford paying my tuition right now and the school starts in 2 day. So I know if I apply for green card my status will change right away.

So I wanna know how much time I have to apply for green card? I wasn't in school for the past 4 months due to summer brake. So does that count as overstay? Or my over stay period will start form the beginning of fall semester.

Thanks

Noorah101

I don't know exactly when the overstay is counted from, but it would be in your best interest to file for AOS now, ASAP, and don't leave the USA until you have your green card in hand. The longer you stay out of status, the more chance you have to be deported.

Best Wishes,
Rene

tripsul

So if i apply within next couple of weeks you think I should be fine?

Also how long it takes to prepare all documents and is there a website with detailed step by step procedure for applying?

Thanks

Noorah101

If you can apply during the next couple of weeks, that would be good. When you get back the NOA (Notice of Action) receipt from USCIS, it means they've accepted the AOS package, and your status will then be "pending AOS", so it puts you back in status.

The forms you will need are: I-130, I-485, I-765, I-131, and I-864. The USC fills out the I-130 and I-864, the alien fills out the rest. You can go to www.uscis.gov, Immigration Forms, and look up each one. You can print the forms from on-line, and make sure to read the instructions for EACH form. Each form requires different backup documents...some of it will be repeated, but attach whatever they ask for, even if it's been attached to another form already. You will also need to get a full medical done, the sealed results will get put in with the AOS package.

Everything gets sent in one big envelope to the Chicago Lockbox address which you'll find as you read the instructions. Basically you send your AOS package to Chicago, they will send you appointments to get fingerprinting done, you'll receive the EAD and AP, then you'll be sent an appointment letter for your AOS interview, which you and your wife will attend. If all your paperwork is in order, and your security checks are done, you will be granted Permanent Resident status, and will receive your green card in the mail.

Read through the forms, come back if you have any questions.

Best Wishes,
Rene
p.s. - you might ask how long the AOS process takes. It depends on your local district office backlog. Could be as short as 3 months, or as long as a year.

Noorah101

How long it takes to prepare the documents all depends on how long each day you work on them (they can get tiresome after a couple of hours!) and how handy you have all the backup documents required.

I'd say it takes several full days, at least, to gather up the information and fill out the forms.

Rene

Noorah101

I should have said "which you and your spouse will attend". I don't know if you're the husband or the wife. Apologies if I got it wrong!

Rene

tripsul

It's ok Rene. You guessed correctly, i am a husband. And thanks for you help. Your posts are very helpful. Now I pretty clear with what I'm doing.

But I'm really worried about my status now. As I mentioned my I-20 is valid till now, i have not been out of status at all. But school starts in 2 days, and i really don't want to mess up my status in the USA. I believe i can't apply for AOS at least a week since I won't have my medical ready by then. So you believe USCIS will forgive those few days?

Is there anywhere i can call to find out about that?

Thanks again.

Noorah101

Yes, I believe your few days or weeks out of status will be forgiven by USCIS because you are married to a USC and you are filing AOS. Overstays are forgiven in those circumstances.

You can try calling the USCIS 800 number listed on their website, but they are just contract workers answering the phones, and don't actually have much knowledge of immigration.

If you want to be more sure, have at least a 1-time consultation with an immigration attorney rather than talking to anyone at USCIS.

But do some searching on this forum, I'm sure others have posted in your situation, and turned out successfully.

Rene