I'm an international student attending university in the US on F-1 visa. This past term, due to confusion in grading, I became out of status and was told by my advisor that I need to apply for reinstatement. Just a week ago, I had submitted paper works to have my status adjusted to a resident through marriage to my American husband. I'm concerned that being out of status on my student visa will negatively impact my application.
Also, in three months' time, I will be graduating from college. If by then I had not been interviewed, can I still remain in the US and continue to wait for the application to be processed?
Being out of status on an F-1 visa will NOT keep you from adjusting status, and it will not be a weighty negative factor. When deciding whether to hire an attorney to help you with final document preparation and your interview, remember that the USCIS starts with the legal presumption that your marriage is fake. You must prove to a very high level of certainty that it is not, and you must generally do this with documentation. Good luck either way.
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