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Almost out of status f-1 student getting married. Should I return to my home country or stick around as an out of status?

Philadelphia, PA |

Todays date is Aug-24th
The school closes their registration on the 14th of September, at which time I presume the international office will report to the USCIS that I am out of status.

from research I found that as long as I have not lived for over 181 days in the US as an out of status, I am free to file for the required forms such as the I-130, I-485.
the source is 3 years old [] and I am worried that it may be outdated.

to put time into perspective:
Heres the problem, we want to report our marriage within a few days, in 3 weeks I will be declared out of status, and I am worried that I'll be deported before the results come out....

thank you, i love this forum

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Attorney answers 4


Generally speaking as long as you entered the country legally and marry a US citizen you should be okay assuming you are marrying for love. It is best to consult an immigration attorney.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


No need. If you're married to US citizen you will not even be required to maintain your F-1 status and if correctly filed, will get your green card within four months from the date of filing.

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.


You can adjust your status in the US even if you fall out of status.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


We love you too but you need to talk to an immigration attorney in person. I assume making a correct decision is important to you.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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