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I am currently sponsoring my girlfriend's F1 visa in the US. Would we have trouble adjusting her status if we were married?

New York, NY |

We had been together for one year before I successfully sponsored her F1 visa. We have been living together in the US for six months while she has been studying in an English language program. We would now like to get married, although we were not planning on it when she arrived.

Could it possibly be interpreted that she entered the country intending to get a green card? How can we show that this was not the purpose of her arrival?

(I am a US citizen)

Attorney Answers 3

Posted

As long as you can showshe came in on a F visa and that it is a lawful marriage you should have no problem adjusting her status.

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Posted

Her F-1 status is not a bar to her adjusting 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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Posted

It could be interpreted that way, but it does not HAVE to be. Consult with an attorney who can review both of your histories and advise you accordingly. Congratulations!

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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