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F1 visa wants to apply for green card by marriage

Dallas, TX |

I am student with f1 visa, I recently married and I want to apply for immigration office, but I need to be sure I will not loose my opportunity for study before applying, I want to consider all aspects because life and people are not always good, I need to know if my husband change his mind before date of interview and will not come with me to immigration office or if he come but in interview the officer reject our case, they will deport me? or because my f1 visa is valid until 2014, I can stay in USA and continue my study?

Attorney Answers 4


  1. You can get married and not file for immigration change of status. Just remain on your F1 Visa, continue to go to school. After two years of being married, you can file for adjustment and get a permanent green card.

    If you file for a green card immediately after marriage, your F1 is still valid , you are still in status. If you get the green card, it is valid for two years. Before the two year expiration you must file additional papers to show you are still married (or some other exceptions apply if you are not), and then you get a permanent green card.

    If you have doubts about marriage, don't do it. Do not marry for a green card, or even if a green card is a factor in your decision. Think - would you marry the person if you were a US citizen already? If you would, then go ahead, otherwise, don't.


  2. As long as you completely respect and obey all the rules of your F-1 (ie: continue to be a full-time student and do not work, even if you get a temporary one, based on the marriage) ... there should be no problem.

    Still, you might want to re-think the marriage. If you have doubts at this early stage, maybe it is too early to get married.

    Of course, you would be wise to talk to an attorney in person.

    FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.


  3. I agree with my colleague, if you are having doubts about the marriage, then do not marry. Whether you are deported would depend on whether there are allegations of marriage fraud and whether you can defeat those allegations.

    You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

    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.


  4. Marriage in and of itself is challenging and can be complicated, especially in the beginning. 53% of all US marriages end up in divorce. Now, that I have gotten you all cheered up and confident about the future, you should marry first and foremost because you both have a bona fide intent to get married as any normal US couple does. I understand that you also have the issue of your immigration status hanging over your head. The other colleagues advice is quite sound. There is no reason for you to get married and immediately apply for a change of status to green card based on your US citizen spouse and you can independently maintain your F-1 status by not falling out of status (don't work of campus, take less then 12 credit hours if you're in undergraduate studies, don't work without properly applying for a work permit, annotating your I-20 by the Designated School Official at the International student office, etc). If you're married for 2 years plus and things are going well, you can then entertain the issue of now filing for your change of status and apply for a green card if you're marriage remains intact (is still viable). If you're already out of status I would say to promptly file for your green card but since you are not as long as you strictly adhere to your F-1 status, and don't rely to much on the DSO'S they make a lot of mistakes and once you're in violation of your immigration status they will mostly not acknowledge their blame in writing to immigration and let you fall like a sack of potatoes. They will usually not take responsibility for their bad advise and actions. Therefore, when in doubt always consult with a competent immigration attorney first before you do anything. Good luck.

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