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Married US citizen, now in US on student visa. Process for resident status?

Asked about 3 years ago - Jackson, MI

Hello. I am a Canadian and I married an American citizen last year. After we got married, I decided to go to school in the US. I am now in the US on an F1 visa and my husband and I have decided to stay in the US. Can I file directly for an adjustment of status or do I need a marriage visa? I don't want to be separated from my husband and sent back to canada. What forms do I need to fill out? Thanks so much for your help!

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Attorney answers (2)

Thuong-Tri Nguyen

Reputation Level 20

Answered about 3 years ago. Immigration Attorney in Renton, WA.

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Did you disclose to the consular officer your marriage when you applied for the student visa?

If you did not disclose your marriage, somebody in immigration may raise the issue whether you misrepresented material facts when you applied for the student visa.

While the odds are good that no one will raise the issue of misrepresentation (because you are Canadian), there is that possibility.

You may want to review the facts with an attorney before filing any paperwork with the government.

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Elaine Martin

Reputation Level 15

Answered about 3 years ago. Immigration Attorney in Coppell, TX.

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You and your husband can file an I-130 and 485 together. You cannot apply just for the 485 (Adjustment of Status), he must file the I-130 also. Once this is filed, you should not travel outside the US and return on the F-1. F-1 students are supposed to nave "nonimmigrant intent", i.e. they should not intend to be permanent residents. Obviously, filing an I-130 and 485 shows immigrant intent, so you have contracted the F-1 intent.

More details about the steps to permanent residence via family sponsorship are on my website.

My website

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