Found an issue on this page? Let us know and we will look into it as soon as possible.
F1 overstayed after OPT, am I out of status or just a overstay? I have expired passport how can I do AOF? Will the German embass
Anonymous3 views1 answers
Hi,
I am a German citizen living in the united states for the last 7 years. I came here on an J1 as an exchange student and completed High School and then went back to Germany to get a F1 visa to go to college here in the US. I completed my Associates degree and OPT but have overstayed my stay by two years now. My I-94 says Class till: F1 DIS, I guess that would mean when I am done with school, but with no actual expiration date, am I still out of status? What should I do now? My Boyfriend and I are thinking about getting married but would rather do it when I am back in status and legally able to work and/or study. Is there a chance that I would be able to reinstate my status or should we just get married now? Will the German Embassy give me a passport with no visa if I got married?
You pose a number of questions. You are correct that as an F-1 visa holder, you have a unique end date to your status which is "Duration of Status" or "D/S". You are not an "overstay" but instead a "status violator". This means that you are not eligible to make an in country change of status to another non-immigrant visa and no longer eligible for reinstatement since more than 5 monhts has passed since you last complied with your status. However, you could depart the US and not have any "unlawful presence" that would trigger a bar to readmission. Having said that, departure from the US should always be made with completed advice from an attorney who is familiar with all of the facts of your case, since the consequences can be quite severe. Additionally, although you may not be inadmissible because of the 3/10 year bars, a US consul may still deny your visa for having "immigrant intent".
Separately, if you and your boyfriend decide to marry, he may petition for you and you can simultaneously apply for your "green card" more properly referred to as "lawful permanent residence" through your marriage to a US Citizen. You should not pursue this strategy unless and until you are sure that you would get married otherwise. The burden of proof of commingling of financial resources, cohabitation etc. can be quite high and you and he are not up to it, best to put it off until you are ready.
