F1 overstay

[helpmeplz]

What is the name of your state? AZ

I came here on my F1 and got a masters degree. i finished my degree. I applied for my OPT and that expired in Oct 06. When the OPT expired, I opted to continue studying and applied at another university. I got in Feb 07. I started attending class. During this period, I was told tht my sevis was sent for transfer to my old university. After about two months (early April 07), I was notified that I was not admitted to the new school as the 60 day limit between switching institutions was not met. During this two months I finished 3 credits of my course work witha a GPA of 4.0 also paid $1200 fees.

So they issued me a new I20 witha new sevis number and was told that I will need to leave the country and reapply. I got scared that I might never get back to the US as my visa would be rejected (Note: previous issue...in my old school, i was out of status for 5 months due to problm with advisor. but was re-instated. and I finished school)

Now its been 18months. I need help. Can I get re-instated now?
During this time, I met a girl and we fell in love. She is on her H1b. Also she getting her GC processed thru her father (who is a citizen living in the US for 25years). Her I130 was approved in June 07. She knows abt my situation and has offerd that we get married(earlier than planned) to avoid leaving the country(deportation) and never come back(for 10 yrs?). We plan on raising a family soon.

What do I do?
What are my options?
Can I get reinstated now?
Will marriage help? (Cos if it doesnt and i get deported anyways , then I can not get back for 10 yrs.)
Help me plz
Note: I havent received any 'removal proceedings" or any kind of intimation from INS.

[gi2008]

So, in short, you have been "out of status" or "illegal" for how long now? 18 months?
When will your gf become a LPR? The thing is her I-130 was approved as an unmarried child...
I suggest you consult a lawyer.

[Laura]

If she were a citizen, you would be okay, because despite the overstay, you could marry and adjust status without having to leave the U.S. and kicking in a bar. But, she has a long ways before citizenship, so that's not really a great option. I'm not sure what options you have to get your visa re-instated. Most of us are more knowledgeable about family immigration matters, not so much other visas, but I'm guessing you can't really get your visa to be valid again after 18 months of overstay.

[angel_eyes]

What is the name of your state? AZ

I came here on my F1 and got a masters degree. i finished my degree. I applied for my OPT and that expired in Oct 06. When the OPT expired, I opted to continue studying and applied at another university. I got in Feb 07. I started attending class. During this period, I was told tht my sevis was sent for transfer to my old university. After about two months (early April 07), I was notified that I was not admitted to the new school as the 60 day limit between switching institutions was not met. During this two months I finished 3 credits of my course work witha a GPA of 4.0 also paid $1200 fees.

So they issued me a new I20 witha new sevis number and was told that I will need to leave the country and reapply. I got scared that I might never get back to the US as my visa would be rejected (Note: previous issue...in my old school, i was out of status for 5 months due to problm with advisor. but was re-instated. and I finished school)

Now its been 18months. I need help. Can I get re-instated now?
During this time, I met a girl and we fell in love. She is on her H1b. Also she getting her GC processed thru her father (who is a citizen living in the US for 25years). Her I130 was approved in June 07. She knows abt my situation and has offerd that we get married(earlier than planned) to avoid leaving the country(deportation) and never come back(for 10 yrs?). We plan on raising a family soon.

What do I do?
What are my options?
Can I get reinstated now?
Will marriage help? (Cos if it doesnt and i get deported anyways , then I can not get back for 10 yrs.)
Help me plz
Note: I havent received any 'removal proceedings" or any kind of intimation from INS.

i'm not really sure what other options you have since i don't know anything about F1 visa... but i do know that getting married to your girlfriend while she's on the gc process is not one of them for now... your gf is most likely petitioned by her father as a single adult child so if she gets married to you while she's on the gc process is a fraud and will get her in trouble... so if you don't want to get her in trouble don't marry her yet... wait till she gets her gc and then you too can marry... but even with her as an lpr petitioning you as her husband takes about 5yrs...

[angel_eyes]

just to make my statement clear, the fraud i was talking about is when your gf is petitioned as a single adult (if she's over 21) and got her gc through that petition... and in truth she's already married to you.... if you do decide to get married now, her father's petition will be delayed even more... from a first preference (unmarried sons and daughters of US citizens), it will now become a third preference (married sons and daughters of citizens)...