My wife and I have been married for almost 2 years. She is an international student. I, myself, have about a year longer until I can apply for citizenship. I am currently a green card holder. My wife has to stay in school in order to stay in the states. We are planning on applying for her to get a green card soon. Once we apply for her to receive a green card, even though she hasn't got the green card yet, does she still have to stay in school in order to stay in the states?
Once she has filed an application for adjustment of status, she does not need to stay in school to maintain a lawful status. I recommend that you consult with an immigration attorney before making any firm plans, in any event.
Not if she file her I-130 and I485 in August.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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Talk to a lawyer TOMORROW. There is no waiting list for F-2a this month ... FILE RIGHT AWAY.
She can drop out of school once you get the fee receipts.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- firstname.lastname@example.org -- 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.
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Attorneys Capriotti and Shusterman are referring to a unique opportunity that is open to you at this time. Beginning in August, you should be able to apply to change her status to permanent resident based on her marriage to a green card holder and also pull her out of school. See the link below for more information. Get an attorney quick since this is a good advantage for you.
For more information, call (888) 483-0311. This information is general in nature and is not legal advice to be relied upon for any particular matter.