URGENT HELP! Overstayed F-1 intend to get married anytime procedures

Asked over 2 years ago - Tampa, FL

In advance, thank you so much for your time and expertise.

I came as an international student with the intend to complete my studies, on an F-1 visa which is good from 08/2010 until 08/2015. I switched schools and I had to leave the state of DE to go to FL. Now , I have a family emergency in Germany, that's where I am from.

I have the intend to get married any time if it would help the situation. Also what would be the best way then to apply for a green card.

Thank you kindly, I look forward to hearing from you vey soon!

Attorney answers (5)

  1. Fernando Perez III

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . It i snot clear if you are stillin valid F status or not. Did your present school transfer your I-20? If you aer in status and you have a valid F1 Visa in your passport, you can leave for the emergency and return to resume your studies. You can then marry upon your return to the US(as long as it is a real marriage and not a marriage entered into justto get a green card) and apply for the green card then.

    If you are no longer in valid F1 status, if Immigration (USCIS) is not aware that you stopped going to school you probably have not accummulated unlawful presence, but if you are no longer in school leaving th US does have some risk attached to it because if USCIS determines that you started accummulating unlawful presence when you stopped going to school, and you have accunnultaed more then 180 days of unlawful presence, once you leave you will not be allowed to return for 3-10 years.

    If you were to marry before you leave, you would have to remain outside the US until you could get the immigrant visa. This could take about 9 months. Unless you are able to get married and remain in the US for at least 90 days after the filing of your green card appplicaiton, marriage right now is not a good idea.

    You definitely need an attorney.

  2. Neil F. Lewis

    Pro

    Contributor Level 14

    Answered . there is no urgency here. Calm down. Please.

    I am a pretty smart guy, but I do not know everything. My answers here come from the knowledge I carry around in... more
  3. Neil Ian Fleischer

    Contributor Level 20

    Answered . Are you enrolled in school and have a valid I-20 and F-1 visa?

    Are you currently engaged?

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  4. Ralf D. Wiedemann

    Contributor Level 18

    Answered . It is not clear from your description how you have overstayed your F-1 status. Assuming that you have overstayed, getting married will not get you permission to return to the U.S. in a fast way. If you marry a US citizen and then apply for a green card based on that marriage, you may get an advance parole travel document that would enable you to leave the US and return, but it will take 2 to 3 months to receive it after you apply. If you need to return to Germany soon, you would have to look into applying for an immigrant visa in Frankfurt after your spouse's immigrant petition for you is approved. That whole process will not take less than 6 months.

  5. Elizabeth Clare Surin

    Pro

    Contributor Level 15

    Answered . It is not yet 2015. Do you mean you stopped going to school? You need a valid basis to apply for a green card -- marriage to a US citizen is one way but it should be a bona fide marriage and not one just so you could get a green card. Please consult a lawyer for your options.

    An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended... more

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