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Can out-of-status F1 student get married?

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. 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 attorney to discuss your individual case.


  2. 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 is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. 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.


  4. 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 not constitute legal advice. It does not create an attorney-client relationship.


  5. 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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  6. 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.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.


  7. 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. This reply does not create an attorney/client relationship.


  8. 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.

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