can international student marry with us citizen and stay here at the same time?

In general, a person who entered the U.S. lawfully and with inspection (such as entering on an F-1 Student Visa), may marry a U.S. Citizen and then apply to adjust status to become a Lawful Permanent Resident (get a "Green Card") with all of the processing completed in the U.S.

[Note: Consistent with Avvo policy, this communication is intended as general information and not as specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, PC
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 1-877-232-5352 dsoloway@fspklaw.com

If a student is in the United States in F-1 status and marries a United States citizen, she may be able to apply to adjust her status to that of a permanent resident without leaving the United States if she meets certain requirements.

I would recommend that this student meet with an immigration attorney familiar with both international student issues and family-based immigration to review her immigration history and future immigration options. Please feel free to contact my office to schedule a consultation.

The above information is provided for informational purposes only. It is not intended to be legal advice or to form an attorney/client relationship.

Respectfully,


Elizabeth Rompf Bruen
Attorney at Law

Scott D. Pollock & Associates, P.C.
105 W. Madison Street, Suite 2200
Chicago, IL 60602
Phone: 312-444-1940
Fax: 312-444-1950
ebruen@lawfirm1.com

Please be sure to visit our recently renovated website at www.lawfirm1.com.

You should definitely not have your fiance return to Viet Nam for the process. As she is legally in the US, you are eligible to adjust her status to immigrant and get her legal permanent residence while she stays in the US. This will also, if you apply for an EAD, get her a work permit while she awaits the processing of her green card. There is no reason to put her through the rigors of an interview at the consulate when she is eligible to stay here and adjust status.

Sarah M. Cross
The Law Office of Sarah M. Cross
6984 Challis Rd
Brighton, MI 48116
800-681-2311 or 810-225-0953
www.lovevisas.com email sarahmaycross@aol.com

If the marriage is not for an immigration purpose, then you can confer permanent resident status on her. You'll need to file the visa petition and she'll need to file her adjustment of status application. Prior to doing so, you should consider hiring an attorney to prepare the applications and supporting documents, prepare you both for the interview and attend the interview with you.

Yes. She entered legally and if the marriage is good, she does not have to go to Vietnam. We file Forms I-130, I-485 and all other supporting documents and she can get her green card usually in about 4 months.

JP Sarmiento
Sarmiento Immigration Law Firm
Crown Centre
5005 Rockside Road, Ste. 600
Cleveland Ohio 44131
(toll-free) 1.800.496.8043
(local) 1.216.573.3712
(cel) 1.646.286.5309
email: sarmientoimmigration@gmail.com
blog: www.sarmientoimmigration.typepad.com