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Do I need to maintain my F1 visa status?

New Port Richey, FL |

Hi everyone, I am an International student in the US for 4 years. I have been married to a green card holder for one and a half year. We did apply I-130 and got approved about six months ago. I know it will be long for us to file I-485. Luckily, my husband was eligible for Naturalization 2 months ago, and he just passed the test this morning. Right now, he is waiting for the Oath Ceremony and then he will upgrade me to an Immediate relative. My question is: Do I need to register for classes next semester? The reason I'm asking this because the tuition fee for international student is really expensive for us since we have been started a family life and we need to save some money for our plan in the future.

Attorney Answers 3


  1. Congratulations!! You no longer need to bother with maintaining your F-1 visa status.

    Hopefully you will immediately file for AOS (the I-485 package) now that your husband is becoming a USC.

    For spouses of USCs applying for AOS, it makes no difference whatsoever whether they are in status or out of status, and if out of status, for how long. All USCIS cares about is to see that it's a real marriage, and that the foreign national beneficiary was lawfully admitted to the US (again, it doesn't matter when and in what status.)

    Congratulations again!

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. I recommend you try to maintain your status until your green card is granted. Petitioners sometimes get laid off and lose the financial ability to sponsor relatives, co-sponsors withdraw, unpredictable government delays occur. Any of these events could cause your case to be denied and being out of status severely limits your ability to apply for other immigration benefits.

    Also, even though finances may be tight you should retain an experienced attorney to handle your adjustment.


  3. It is always best to maintain status.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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