Can out-of-status F1 student get married?

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.

Seattle, WA -

Attorney Answers (8)

Edward A Nelson

Edward A Nelson

Immigration Attorney - Auburn, WA
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.

Mark as helpful
Barbara A Marcouiller

Barbara A Marcouiller

Immigration Attorney - Bellevue, WA
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
Mark as helpful
Stephen D. Berman

Stephen D. Berman

Immigration Attorney - Chicago, IL
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
Mark as helpful
Patrick Ontiveros Cantor

Patrick Ontiveros Cantor

Immigration Attorney - Seattle, WA
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.

Mark as helpful
F. J. Capriotti III

F. J. Capriotti III

Immigration Attorney - Portland, OR
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
Mark as helpful
Alexus Paul Sham

Alexus Paul Sham

Immigration Attorney - The Woodlands, TX
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
Mark as helpful
Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Immigration Attorney - Chicago, IL
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
Mark as helpful
Anu Gupta

Anu Gupta

Immigration Attorney - Boston, MA
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
Mark as helpful

Questions? An attorney can help.

Ask your questions on our Q&A forum. It's free and anonymous.

Ask a Lawyer

Need to find an attorney? Browse our lawyer directory.

Find a Lawyer