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  • overstayed a F-1 visa

    hello.
    i've overstayed in the US for more than 180 days on my F-1 visa. but during the time, i did not work at all. when i left the US, and i tried to go back, my F-1 visa was revoked and i wasn't alloweded to go back to the US. i came back to my home country and tried to apply for another F-1 visa because i was accepted to another school in the US. but i was rejected.
    is there any way i can go back to the US??
    i am in a relationship with a US citizen. can marrying him work in this case?? or do i have to wait for 10 years to be able to go back to the US, even if i marry him.
    thanks all!

  • #2
    hello.
    i've overstayed in the US for more than 180 days on my F-1 visa. but during the time, i did not work at all. when i left the US, and i tried to go back, my F-1 visa was revoked and i wasn't alloweded to go back to the US. i came back to my home country and tried to apply for another F-1 visa because i was accepted to another school in the US. but i was rejected.
    is there any way i can go back to the US??
    i am in a relationship with a US citizen. can marrying him work in this case?? or do i have to wait for 10 years to be able to go back to the US, even if i marry him.
    thanks all!

    Comment


    • #3
      If you didnt go to school and you left that does not mean you overstayed. The F-1 student visa states on I-94 D/S. That means it depends on the Duration of Status.

      Until an immigration judge of an immigration officer doesnt determine that your out of status, you havent incurred any illegal time!

      I suggest you marry the US citizen and file your paper work. I think you should be ok! And also consult with a good attorney!

      there any way i can go back to the US??
      i am in a relationship with a US citizen. can marrying him work in this case?? or do i have to wait for 10 years to be able to go back to the US, even if i marry him.
      thanks all!

      Comment


      • #4
        thank you for the quick reply!
        actually, i overstayed for a year because i didn't go to school. during the whole time i never worked.
        but i left the states to go to canada. and when i was returning to the US. i was stopped at immigration. And they stamped, "revoked" on my F-1 visa and i couldn't go back.
        now i am back in my home country. but i'd like to return to the US.
        Can i apply for a green card and go back if i got married to a US citizen (my fiancee) because i can't use my visa waiver anymore?

        Comment


        • #5
          Hi Overstayed,

          as Betamichigan pointed out, you haven't overstayed (although it sounds illogical).

          What was a legal ground for the refusal of the second F-1? Immigrant intent under INA 214(b)?

          Comment


          • #6
            What is on your I-94? Does it have a date or does it say "d/s"? If it says "d/s" as beta said, you should be fine to come in on a k-1 or k-3. If it had a date for you to leave and you left after that then you did accumulate time.

            Comment


            • #7
              my I-94 does not have a date. but it doesn't say "d/s" neither. But i went with a F-1 visa. when i entered the United States in january 2004, i was going to school, but my grades weren't good, so i got expelled in semester "spring 04". After that, i stayed in the States illegally for a year.
              i left the States to go to Canada in june 2005 and when i was going to return to the United States, i couldn't get through immigration. the immigration officer stamped a "revoked" on my visa and told me i couldn't come back, even with the visa waiver. he told me the only way i can come back is if i got a visa.
              a couple days ago, i went to the American Embassy to get a new F-1 visa because i was accepted by another school. but the consul told me i couldn't get one because my grades were bad and because i overstayed my last visa.
              would i still be able to apply for a K-1 or K-3 in this situation? do i have to wait a certain amount of time? Is getting married to my fiacee the easiest way to go back or am i never allowed back to the States?
              Thank you everyone for your help!!!
              i really don't know what to do....

              Comment


              • #8
                my reason for refusal for visa was under the section 214(b) as aneri said.

                Comment


                • #9
                  You can't try and adjust status under F-1 visa. That's why you got denied when trying to come back in because they suspected you were going to try and marry citizen fiancee and adjust status. They suspected immigrant intent and they have total discretion.

                  Comment


                  • #10
                    njattorney,
                    does this mean that even if i get married to my fiancee, i wouldn't be able to go back to the US? still then, i'm getting married to him because i love him.

                    Comment


                    • #11
                      Actually, you overstayed. Once colloege kicked you out, they informed to the immigration as well, so Immigration know that you didnt go to school, My believe is 10years bar.
                      Sorry

                      Comment


                      • #12
                        You need to consult with an attorney. Your I-94 doesn't say anything?? Never heard of that. I know that several attorneys have advised that with d/s a person could get back in with k-1 or k-3. If it had a date it might be different. No date I have no idea. If you married and got denied coming in you all would have to file for at least one waiver. A good site for info on that is immigrate2us.net.

                        Comment


                        • #13
                          still learning.
                          thank you for informing me about the other site!

                          Comment


                          • #14
                            Dude! dont listen to people giving you wrong advice. I was on F-1 and out of status and I married my US citizen wife. I know how the procedure works...

                            It all depends on if you are in the US or not! email me at grandrapidsrocks@yahoo.com and I will try to explain the procedure a little better!

                            PS if you were on F-1 that means u were on D/S meaning that you did not accumilate any illegal time, unless the service or a judge made a determination that u were out of status. And if you were ur illegal time starts when u are ordered out the country!

                            Comment


                            • #15
                              Beta, in the original post it says they were denied entry and went back to home country. Do you know of someone with d/s on I-94, who left the country when visa was expired, and then got back in with something other than K-1 or K-3?

                              Comment



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