QUESTION
Are there any problems with applying for adjustment once I am not attending the next semester and I could fall out of status?
Asked on Jun 12th, 2013 on Immigration - Mississippi
More details to this question:
I am a F1 student and 36 weeks pregnant. Just finished my last semester and I am not going to attend the next semester. I also just got married and we will file the adjustment of status as soon as we have the marriage certificate.
10 ANSWERS
There is no problem with this, assuming the marriage is bona fide and you entered the US lawfully, can prove that lawful entry and you are getting married to a US citizen.
Answered on Jun 14th, 2013 at 4:55 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Falling out of status will not interfere with your adjustment of status if your intended spouse is a U.S. citizen. But, if he is only a permanent resident, you need to figure out a way to maintain some legal status in the U.S. - or to go home.
Answered on Jun 14th, 2013 at 4:55 AM
Adebola O. Asekun
If your spouse is a US citizen and if he is the intended petitioner of your petition, you are eligible to apply for adjustment of status concurrently with the Form I-130 petition for alien relative. Under these circumstances, I will not be worried about falling out of F-1 status. As an immediate relative of a US citizen, as long as you entered the US with a visa, subsequent minor violations will not bar you from adjustment of status. Because the facts recited above are not dispositive with respect to your eligibility to ultimately get a green card, I suggest that you consult with an experienced immigration lawyer to carefully review all of the facts and documents in support of your case.
Answered on Jun 13th, 2013 at 12:21 PM
Bruce A. Coane
Assuming you are married to a USA citizen and otherwise eligible, the fact you fall out of status is normally not a problem if you quickly file or file before you are out of status. Keep in mind, though, that ICE agents are known to come knocking on the door of students who fall out of status and arrest them.
Answered on Jun 13th, 2013 at 12:20 PM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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You can file for adjustment after marriage, you not attending school should not be a problem.
Answered on Jun 13th, 2013 at 12:20 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You shouldn't have any problems as long as you file your adjustment of status application asap.
Answered on Jun 13th, 2013 at 10:00 AM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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It is possible, but not advisable.
Answered on Jun 13th, 2013 at 9:52 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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It's advisable for you to get married and file for adjustment of status while you are still in valid F-1 status, because you will be out-of-status and subject to removal from the US after you stop going to school and before you submit your application.
Answered on Jun 13th, 2013 at 9:52 AM
If your husband is a US citizen, you shouldn't have a problem filing for adjustment of status.
Answered on Jun 13th, 2013 at 9:51 AM
If you married a US citizen, you should not have any problems.
Answered on Jun 13th, 2013 at 9:51 AM