I posted something similar to this earlier but I am kinda confuse....
F1 out of status from past 20 days
and getting married to US citizen in next 2 days.
Needs help in:
Should I apply for reinstatement to USCIS (as told by my DSO) - OR -
Should I let my spouse to file my Permanent Residency docs ?
and after filing my docs... will i be able to complete my studies ?
Thanks in advance
Assuming you are out of status with regards to your F1 status, as determined by your DSO, the best thing to do is file your adjustment petition as soon as possible after marriage. If the petition is filed with all the necessary documents and the process goes smoothly (this is the part where hiring an attorney would be beneficial), then a petition that is adjudicated through the Milwaukee office should be completed within 3-4 months. Your DSO is not correct that you should seek reinstatement of your student visa status, that is the answer they give any time a student falls out of status. You have clear immigrant intent and would not be eligble for reinstatement based on that, which is why consulting with an immigration attorney would be a good idea.
You should file for the green card. Within 90 days, if your application is submitted correctly, you will obtain a work card which should allow you to finish your studies
Have a lawyer help you to make sure it goes smoothly
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File for permanent residency through your wife. Speak to your school to allow you to continue to study. Within 90 days of filing your applications for the green card and employment authorization (accompanied by your wife's immigrant petition), you should get your EAD and you should be called for the adjustment interview within 6 months from filing the papers. The most important consideration here is the good faith nature of your marriage.
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You entered legally on a visa. If you did not violate your status as F (by not registering at the school, or by working when you should be a full time student, etc.) and do not have issues of inadmissibility such as crimes, fraud, etc., then your USC spouse can petition for you on the I-130, 485 adjustment packet. You need legal status for the school to be able to register you because they have to report all their students' status to SEVIS. But you can talk to the ISO at your school and see if they can help you return to school while a pending 485 based on marriage to USC -- perhaps they will allow you to audit classes and when you get your LPR status, you can return as a registered student. All the best. Consult a lawyer if in doubt.
An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.