QUESTION
Can I marry during my 60 days grace period?
Asked on Mar 22nd, 2013 on Immigration - Michigan
More details to this question:
I'm currently on F-1 Visa but it has expired. I'm still in the USA using my 60 days grace period. My fiancé and I will be marrying during this period. We can't submit I-485 with I-130 as I previously held a J1 Visa with the 2 years HRR applied. I have only fulfilled 5 months of this requirement in my home country. I don't think I could get a waiver of it. Am I out of status after I marry even though there are remaining days of the 60 days grace period? When should I leave the country? When should my fiancé submit I-130? Thank you!
5 ANSWERS
If you are subject, you might as well leave the US and get the 2 years completed as soon as you can since you will not be able to do anything until that happens. Even if the I-130 is filed and approved, you will not be able to get a visa until you have satisfied the conditions of your 2 year home residency requirement.
Answered on Mar 27th, 2013 at 1:18 AM
Rebecca T White
Your fiance can't file an I-130 until after you have married. You may really want to review your options for the waiver of the home residency requirement. And you need to watch your time here unlawfully to be sure you don't create extra problems for yourself. A consultation when you and your fiance can both be available to ask questions may help you the most.
Answered on Mar 26th, 2013 at 10:55 AM
Immigration Attorney serving Los Angeles, CA
at
Law Offices of Mary Lyn T. Sanga A Professional Corporation
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You are still considered in F-1 status during the 60-day period. Getting married during this period does not affect your status as an F-1, but you must leave the country on or before the expiration of your authorized stay. Your wife can file the Form I-130 petition any time after you get married, even while you are still in the country.
Answered on Mar 25th, 2013 at 7:46 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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First we need to analyze the J-1 and determine if you are subject to the two-year requirement and if yes then whether you can obtain a Non Objection letter from your home country or other more difficult waiver. Otherwise your eligibility to remain ends with the end of the 60 day grace period unless you qualify for another non immigrant visa soon (go back to school or other options). You can marry but won?t be able to get any benefits from the marriage such as the eligibility to remain here while the I-485 is pending unless the J is cleared up or the two year period is spent in your home country.
Answered on Mar 25th, 2013 at 7:45 PM
You can marry and your spouse can file the I-130, but your problem is not being able to adjust status here. Consult with an attorney to go over all the facts to see if there is any way you can adjust here. If not, what are your options. If you cannot get a waiver you may have to leave the country.
Answered on Mar 25th, 2013 at 7:43 PM