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Can and F1 student get an AOS after sevis termination?

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  • #16
    I also was interested in this isuue, thanks!

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    • #17
      Originally posted by mboden View Post
      Hi,

      I had to take a leave of absence at my school due to financial reasons. However, my partner wants to marry me in order for us to stay together instead of me going back home. He is a US citizen.

      I wanted to know if I can get an adjustment of status when my student visa is terminated. I have 15 days to leave and was wondering if I could file the application before then and avoid overstaying in the us.
      of course, you can but you will be considered as illegal.. you will have to pay an extra fee for that. as long as your spouse is a citizen you're fine.
      Last edited by Chouness; 01-27-2020, 07:50 PM.

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      • #18
        Originally posted by Chouness View Post

        of course, you can but you will be considered as illegal.. you will have to pay an extra fee for that. as long as your spouse is a citizen you're fine.
        No, there is no "extra fee".

        This is my personal opinion and is not to be construed as legal advice.

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        • #19
          Originally posted by newacct View Post

          No, there is no "extra fee".
          if the person overstays in the USA, it means that this person is staying here illegally, so based on what my lawyer told me, illegal people have to pay a penalty.

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          • #20
            Originally posted by Chouness View Post

            if the person overstays in the USA, it means that this person is staying here illegally, so based on what my lawyer told me, illegal people have to pay a penalty.
            I guess the lawyer is wrong or just want to scare you. There are countless cases on the forum from people that overstayed their visa, married to USC and they just filed the correct forms (the same as people with legal status), no penalty whatsoever and they get the GC without issues.
            Nov 2018 - Package sent - EB - Texas Service Center
            Day 1 - Package received at the lockbox
            Day 999 - Card delivered to me - Aug 2021
            ---
            All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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            • #21
              Originally posted by Enub4 View Post

              I guess the lawyer is wrong or just want to scare you. There are countless cases on the forum from people that overstayed their visa, married to USC and they just filed the correct forms (the same as people with legal status), no penalty whatsoever and they get the GC without issues.
              You must pay taxes 3 years if you did not filled before get married. That probably penalty your lawyer means.

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              • #22
                No penalties for overstaying if you marry to USC !
                i overstayed 10 years and married an USC I got a greencard and I don’t remember I had to pay an extra -fee or penalty , it’s just the same process for everyone
                Last edited by Dz2020; 01-28-2020, 12:47 AM.

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                • #23
                  Originally posted by Dz2020 View Post
                  No penalties for overstaying if you marry an USC !
                  i overstayed 10 years and married an USC I got a greencard and I don’t remember I had to pay an extra -fee or penalty , it’s just the same process for everyone

                  It’s true.
                  If a beneficiary is very long time in USA and do not file a taxes, and suddenly get married. May have that situation.
                  My friend was 10 years and get married and IO told her she must worked before married and she had to submit her own taxes before married. She told IO she did not work and, IO smiled and told her everyone working without authorization. After she submitted, she got green card. But it’s very unusually situation.

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                  • #24
                    Status adjustment after graduation on a student visa? I can't say for sure, as I tried to extend my visa at the necessary time. And, in fact, I didn't face any financial problems during my studies, because I had an income. Since I loved writing texts, I started working on a website that provides unique essay writing services. This service helps students to solve their problems with study. This allowed me and my future husband to have a certain amount of money for life, and therefore for study.
                    Last edited by Matthew Doherty; 04-08-2020, 03:35 AM.

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