Can out-of-status F1 student get married?

Asked over 1 year ago - Seattle, WA

I came to the U.S 2 years ago on F1 Visa. However, I became an out-of-status student on Jan because of bad grades, I came home on Feb. I came to the Visa interview, but I was rejected 3 times because of my grades. I have a question that, I have a US girlfriend, and I've known her for 2 years. So, can I marry her and then apply for the immigrant Visa? Will my status in the past affect my chance to obtain a Visa? Thank you so much for that.

Attorney answers (8)

  1. Edward A Nelson

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Of course a person can't get married to a U.S. Citizen in order to become a permanent resident. The person marries a U.S. Citizen in the normal course of their relationship and then applies to adjust status, as a result of the relationship, not as a means to obtain status. The distinction is important to consider where the person is already out of status. They need to prove the relationship is real, and not just a way to get residence. Such a person should work with an attorney to make sure their applications/petitions are sufficient before submitted to USCIS.

  2. Barbara A Marcouiller

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Yes, you can. Note, however, the marriage will be evaluated for genuineness. I do recommend speaking confidentially with an attorney experienced with immigration

    This reply is intended only as general information and does not constitute legal advice in any particular case.... more
  3. Stephen D. Berman

    Contributor Level 20

    2

    Lawyers agree

    Answered . Adjustment of status based on an Immediate Relative petition [such as spouse of US citizen] requires you to be lawfully admitted into the U.S. There is no requirement that you be in lawful nonimmigrant status.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  4. Patrick Ontiveros Cantor

    Contributor Level 4

    Answered . Yes, one can marry. An individual
    may apply for adjustment of status if he/she is in the United States or he/she may apply for an immigrant visa at a U.S. Embassy outside of the United States. That person should consult an immigration attorney to discuss the options and legalities.

  5. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Can you get married and file for an IV? Yes
    Cost needs to be discussed in private with an attorney.
    Consider a Skype consultation.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  6. Alexus Paul Sham

    Pro

    Contributor Level 20

    Answered . Yes denials of past visas can negatively impact your possible green card application. Consult an immigration attorney.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  7. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . Yes, you may marry a U.S. Citizen and seek a subsequent adjustment via a Petition. There are several legal requisites that must be met for a successful AOS in your case. Seek further in person guidance from a local licensed practitioner.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  8. Anu Gupta

    Pro

    Contributor Level 19

    Answered . Yes you can get married and file for a green card through your wife. Your status makes your file go through tougher scrutiny by the CIS, but if the marriage is bona fide, you will get the green card.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Adjustment of immigration status

When a person in the United States changes his or her immigration status to permanent resident, this is called "adjustment of status."

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