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?
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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.
2 lawyers agree
Employment / Labor Attorney
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 be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com
Non Resident. Consult a lawyer and apply for permanent residence immediately.
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