Eustis, FL Immigration Law Firms & Lawyers

Sounds to me like you may benefit from the fact that most student related programs do not have a fixed date set for termination. Most of these visas (F, J or M) provide a stay in the US that is for the "duration of status". What that means is that the period of time during which a foreign national is permitted to remain in the US is not fixed by the expiration of their Form I-94. Instead, the foreign national is admitted for as long as it takes to complete a validly authorized program plus some additional time to travel and depart. For instance, an F-1 is fixed by a Form I-20. The Form I-20 will define the period of time necessary to complete the studies and while the student maintains the educational program, all is good. And once the program has been completed the individual is provided with an additional period of time to depart. So there isn't fixed date to leave. The other benefit to this is that if the program is terminated early and one departs the US without a determination that status has been violated, the individual has not accrued any unlawful status which may prevent a return to the US. So in your situation, the problem with having never terminated the program in accordance with the plan may likely to have resulted in any adverse consequences and in turn this would likely avoid any problems with qualifying for a new visa. Now with that said, do not misrepresent anything on the applications that you will file with the consulate. Your word is very important and you want to make sure that you disclose prior trips to the US and the fact that you did not complete a program for which a prior visa was issued. Answer all questions truthfully and you will be much better off than attempting to omit something and then be burdened with the possibility of trouble forever because of committing fraud. Just keep an eye out for the questions on the forms that ask about prior trips and disclose everything that is requested.

Are you in valid non immigrant status? If not, then you would need to qualify for section 245(i) to waive your unlawful employment and your status violation. Consult with an immigration attorney. You will need to know about your parents status and immigration filings.

If you are filing an affidavit of support for your husband's immigrant visa, you would be using form I-864. You are correct that you need to prove three times the 125% of the poverty guidelines if you will be using assets. You state a figure of $58,164. I was never too good at math, but my figure is $58,041. I do caution you that some consular officers do not respect the poverty guidelines and may give you a hard time even though you make the figure. However, a reasonable consular officer would let your husband pass.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.