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Married US citizen, now in US on student visa. Process for resident status?
Jackson, MI
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Posted 10 months ago in Immigration
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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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Answers (3)Elaine Martin
This attorney is licensed in Texas.
Posted 10 months ago.
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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. Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted 10 months ago.
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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. la923319
Posted 10 months ago.
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On my i20 when I entered the US (to get the student visa) it said that I was married to a US citizen. The immigration officer even asked what my husband does and I told him he was a student to. The officer seemed to have no problem with it (so they didn't question my intent). Thanks for your help!
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