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Can a B2 visa holder who changed her status here in the US to F1 marry a US citizen?

New York, NY |

I came to the US last May 2009 and decided to change my status to F1..I filed it on October 2009 and got approved this January 2010 and now im planning to marry my US citizen boyfriend after the spring term. By the way, I'll be starting school this February 2010 and it will end on June 2010.

Attorney Answers 2


Congratulations on your engagement!

I would agree with everything my colleague said - given that this is a change in circumstances long enough after both the B-2 entry and the F-1 change of status (both of which require the intent to only visit the U.S. and return, rather than do something indicating the intent to stay like marry a citizen), there is no problem here.

I would only add that, even before a marriage-based petition is filed, I would advise against using the F-1 to travel out off the U.S. because of this intent issue.

Consult an aattorney about the green card filing for further info.

Goods luck to you both!

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Yes, you can. Congratulations! Once you finish getting married you will probably be eligible for adjustment of status. You can read more about marriage petitions on our website.

Good Luck
Shah Peerally
Founder and Managing Attorney of Shah Peerally Law Group PC
Law Firm Deals in Immigration law, Bankruptcy & Debt Relief

Note: The above answer is provided for informational use only. One should not act or refrain
to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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