I've been married to an American citizen for a year but I'm still on F-1 visa. We are going to apply for green card through marriage very soon, but I was wondering what happens to my F-1 visa status. My understanding is adjustment of status will change my F-1 status to green card holder but will I be an international student until I get actual green card or will my status change sooner in the process? Is that before or after the interview?
It appears that you are in F-1 student status at this time. If you are approved for permanent resident status based on the I-485 interview, then at the moment of approval, your status will change, or "adjust," to that of permanent resident.
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5 lawyers agree
As far as immigration is concerned, you are an international student as long as you are maintaining your F-1 status.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
2 lawyers agree
You will cease to be an F1 when your application for permanent residence is approved and you will adjust status at that time.
Samuel Ouya Maina, Esq. 415.391.6612 email@example.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
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Employment / Labor Attorney
I agree with my colleague. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .
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