Hi , i came here by 1 student visa for English program , but before i come i took the TOEFL and when i arrived here i found that i did good on the TOEFL , so i didn't go to the university , and tried to transfer to academic institutional but for some reasons i been late for transfer and so that I felt out of status . . ( now mi out of status for 4 months ) and I have a USC girl friend and we agreed to marry and live together . . my question : what is my case now ? will i be fine in the CG interview ? ?
You will have to explain why you did not attend school.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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Here's the potential problem. You're on an F-1 visa and in the SEVIS system and ICE monitors the SEVIS system. Your school (DSO) will notify ICE through the SEVIS system if your out of status, and ICE has a bad habid of showing up at your doorstep at 5 AM and take you into custody and place you into immigration court ASAP. Get married ASAP, hire competent immigration counsel or you'll be facing removal proceedings befor an immigration judge or worse end up in ICE detention.
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 .
If the marriage is bona fide (not solely for an immigration benefit) and your are otherwise eligible, then yes you can marry and obtain your permanent resident status. If you have concerns about what will happen at the interview, you may want to retain counsel to prepare you for the interview and attend the interview with you and your spouse.
Being out of F-1 status will not keep you from adjusting status to get your green card if you are married to a USC. You may have other issues (criminal, etc), but out of status is not one of them. If you are a student and you and your wife are young, your bigger hurdle may be to prove that you have a valid marriage. I would advise marrying immediately (not for immigration purposes) and consult with an attorney to guide you through the petition and application process.
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