QUESTION
I am about to start the marriage gc process. The issue is I'm in Texas and he's in Washington, if I drop out I'll be out of F1 status. How to proceed?
Asked on Jan 24th, 2020 on Citizenship - Texas
More details to this question:
my boyfriend and I are about to get married and start the gc process, however the issue is I'm all the way in Texas studying on a F1 visa, and he's in Washington state. I want to move in with him but that would mean I'd have to drop out of my university and thus, I'll no longer have a valid F1 visa. If I were to proceed with this aforementioned plan, how long can I stay in the US as we get the documents for the marriage based green card ready and submit them? I know that after the USCIS receive my documents I'll be legally allowed to stay in the US as I wait for their decision. It is the time when I'm filing my gc documents that I'll be unlawfully present. Please tell me how I can proceed from here. I want to live with my boyfriend and marry him and start the process but I also don't want to do anything illegal.
1 ANSWER
Because you entered the USA legally with a visa, despite your overstay, if and when you dont go to school, and apply for a green card through marriage. However, if the 485 application isnt approved b/c the examiners feel the marriage isnt valid, or of the marriage doesnt work out, then you will be in removal proceedings. Work with a lawyer to make certain the chances of sucess are maximized. Counsel in any state can represnet you from start to finish and some of us charge a very affordable flat fee.
Answered on Jan 27th, 2020 at 9:56 AM