I abandoned my studies six months ago. I have a relationship with a US citizen woman and we are planning to get married. Can I adjust my status through her?
Overstaying your F1 visa would not make you inadmissible and, yes, your spouse could petition for you to adjust status. Assuming there is not another reason you are inadmissible, you would have a good case for adjusting to a lawful permanent resident (green card holder). Talk to an immigration attorney about the specifics of your case.
Every answer is based on the facts given. Additional information or facts could change the answer. This answer does not create an attorney-client relationship.
Yes, once you marry her, you can adjust your status through her. Here is an overview of the process:
To adjust your status, your spouse, the American citizen, must file Form I-130, Petition for Alien Relative. At the same time or later, you must file Form I-485, Application to Register Permanent Residence or Adjust Status. Together with the Form I-485, you should file Form I-765, Application for Employment Authorization (work permit) and Form I-131, Application for a Travel Document. This document, also called “Advance Parole” will be processed before your adjustment of status application. Once you receive Advance Parole, you can travel abroad without your application to adjust status is considered abandoned.
The USCIS application fees are:
The filing fee for the I-130, Petition for Alien Relative, is $535.
The filing fee for the I-485, Application to Adjust Status is $1140 application fee and $85 biometric fee (fingerprints and photo id). Note: the filing fee for Form I-485 includes the filing fee for the Employment Authorization Document and Application for a Travel Document
The total of these fees is $1,760.
You will also need to get a medical examination by an approved doctor (also known as a “civil surgeon"). To find an approved doctor near you, see the link:https://my.uscis.gov/findadoctor or call the USCIS Contact Center at 800-375-5283. For people who are deaf, hard of hearing or have a speech disability: TTY 800-767-1833. The cost of this examination depends on the doctor and not the government.
I recommend that you consult a lawyer you help you with this process. Since immigration is a national practice, I or any other immigration attorney can help you with your application.
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Yes, absolutely you can - as long as will be a genuine marriage entered into for love and not "one of convenience, to circumvent immigration laws and procure yourself a green card."
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and 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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