Hello,
Person who got merried to Green card holder, but has been out of status for 3 years, also registered in SEVIS system. If they apply to I-130, will s/he be deported because of s/he in SEVIS system, should they wait till s/he becomes US citizen.
any help would be appriciated
thank you

Have you been an international student before? If so, why did you go out of status: your re-enrollment was denied, or you stopped attending school? Telling us your old visa can help.

The other question is which one would come first: your spouse's application for naturalization, or your F-2A priority date as per your country of origin?

RN,

The alien had to be a student at some point because SEVIS is only for alien students.

-THIS IS NOT LEGAL ADVICE-

Rough Neighbor thanks for reply.
I've been international student, but i stopped going to school, i met my husband in USA 3 years ago, we live together, we truly love each other, since i'm out of status, is it safe to apply for I-130, i'm afraid that he can't save from deportation, because i've been out of status for long time.
thanks

Your name being on the SEVIS database doesn't trigger a removal per se. But nobody, yes, no one, here can guarantee that you're immune from deportation until such time that you've adjusted your status based on your marriage to a USC. Do you have 245(i) coverage by any chance?

thanks again for reply,
i know nobody can garantee my immine from deportation, my question is should i wait till my husband becomes USC, (he is green card holder)and then apply for I-130, or can we apply now?

quote:

Originally posted by Rough Neighbor:
Your name being on the SEVIS database doesn't trigger a removal per se. But nobody, yes, no one, here can guarantee that you're immune from deportation until such time that you've adjusted your status based on your marriage to a USC. Do you have 245(i) coverage by any chance?

Sorry, I'm busy with something else (preparing dinner), hahaha! Practitioners I know have differing opinions on this one. (Houston, you can correct me).

Others may advise you to file I-130 now and attach a copy of Receipt Notice or Approval when you file your AOS later when your spouse becomes USC.

or

File everything concurrently (I-130, I-485, I-765, etc.) when your spouse is already a USC.

RN,
Different opinions on what? SEVIS is only for alien students! lol

No, when to file the I-130. Given the OP's situation, married to an LPR, and she's out of status.

quote:

Originally posted by Houston:
RN,

The alien had to be a student at some point because SEVIS is only for alien students.

-THIS IS NOT LEGAL ADVICE-

quote:

Originally posted by Houston:
RN,
Different opinions on what? SEVIS is only for alien students! lol

SEVIS applies to F, J, & M. I just asked about her old visa type because if it was J-1, she would have already violated the two-year foreign residency requirement - making her situation more problematic.

This message has been edited. Last edited by: Rough Neighbor,

No, i was F-1, i don't have 2 year foreign residency requirement. I'm out of status F-1

quote:

Originally posted by Rough Neighbor:

quote:

Originally posted by Houston:
RN,

The alien had to be a student at some point because SEVIS is only for alien students.

-THIS IS NOT LEGAL ADVICE-

SEVIS applies to F, J, & M. I just asked about her old visa type because if it was J-1, she would have already violated the two-year foreign residency requirement - making her situation more problematic.