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Plz answer the question.

Spokane, WA |

I came to U.S. legally with a F1 student visa but I got marry with U.S. resident.
but I can't attend college next quarter next month because my husband and I don't have the tuition money. If we file for my green card, am I going to get deported when my F1 visa expires next month?
AND do I have to hire lawyer to prepare paper work? or I can do that with my husband? What kinds of paper am I supposed to have? Could you answer that for me? Thank you !

Attorney Answers 1


  1. When you fail to return to college, you will fall out of status and become illegal if you remain in the U.S. However, I still need a bit more information. What do you mean by "US resident"? Do you mean your husband has a green card? If this is the case then while your husband can file an application for you immediately it will be in a category that will likely take years to allow you to get your own green card. This is because as the spouse of a permanent resident you are in a category that only gives a limited number of visas each year. We always have more people applying for the visas than what is available, so there is a long wait. Your husband can file an I-130 which then secures your place in the long line. However it will be several years before you are able to file for your own green card. And during that time, you must maintain an otherwise valid status, such as your F1, or you will not be protected from being put into deportation proceedings. You might try to go speak to your international student advisor at your college to see if there is anything they can do to help you remain in student status. Otherwise you should probably go have an individual consultation with an immigration attorney to review your other options and the risks of your falling out of status in more detail. A consultation does not obligate you to hire that attorney but will be able to provide more individualized advice for your particular situation. One thing you may wish to review with the attorney is whether your husband, assuming he has a green card, can apply for US citizenship. That could make the process for getting your own green card go much faster. But he should review his eligibility with an attorney before filing any application with immigration.

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