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  • please, need advise

    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

  • #2
    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

    Comment


    • #3
      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?

      Comment


      • #4
        RN,

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

        -THIS IS NOT LEGAL ADVICE-

        Comment


        • #5
          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

          Comment


          • #6
            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?

            Comment


            • #7
              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?
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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? </div></BLOCKQUOTE>

              Comment


              • #8
                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.

                Comment


                • #9
                  RN,
                  Different opinions on what? SEVIS is only for alien students! lol

                  Comment


                  • #10
                    No, when to file the I-130. Given the OP's situation, married to an LPR, and she's out of status.

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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- </div></BLOCKQUOTE>

                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Houston:
                      RN,
                      Different opinions on what? SEVIS is only for alien students! lol </div></BLOCKQUOTE>

                      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.

                      Comment


                      • #12
                        No, i was F-1, i don't have 2 year foreign residency requirement. I'm out of status F-1
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rough Neighbor:
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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- </div></BLOCKQUOTE>

                        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. </div></BLOCKQUOTE>

                        Comment

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