What is my status?

Asked 12 months ago - New York, NY

Hi,

Im currently under a F1 visa, i'm student but married to a US citizen( didn't introduce any green card application yet).
do I still a alien non resident or alien resident?

thank you

Attorney answers (6)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . As an F-1 student you are a "non-resident" alien. Note, however, that as the spouse of a US citizen you are considered an "immediate relative" ("IR"), whether your spouse and yourself "introduced" (filed) any green card application yet. IRs are not expected to maintain status (meaning continuing to pay those horrendous international student tuition rates at some less than mediocre state universities). IRs are never penalized for having "fallen out of status" or having engaged in unauthorized employment. Having said that, the sooner you file for a green card the better, and the faster you'll be able to file for US citizenship once obtained green card status. I wouldn't delay.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Harry Asatrian

    Contributor Level 15

    1

    Lawyer agrees

    Answered . You are a non resident alien.

    This is not legal advise and should not be construed as such by anyone.
  3. Alena Shautsova

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You are still non resident alein... You need to get your green card...

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  4. Dean P Murray

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Non Resident. Consult a lawyer and apply for permanent residence immediately.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more
  5. Altin Nanaj

    Contributor Level 13

    1

    Lawyer agrees

    Answered . You still have student status. File for Adjustment of status to change that. Hire an attorney to properly handle it for you.

  6. Pablo Husayn Nossa

    Contributor Level 17

    2

    Lawyers agree

    Answered . Non resident.

    The answer provided is general in nature and should not be construed as legal advice as not all facts are know by... more

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