QUESTION
Can I stay in the US if I get married to a US citizen?
Asked on Aug 24th, 2013 on Immigration - Mississippi
More details to this question:
I have a F1 student visa and I want to marry my girlfriend. She is a US citizen. I lost my Scholarship so I can't go to school any more. I have been in US for 2 years. My F1 visa will expire in 2015. My question is can I stay in US after I got marry with my girlfriend? Or I need to go home and apply for fiance visa? And when can I get green card?
6 ANSWERS
Immigration Attorney serving Downey, CA
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Herrera & Juelle LLP
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If you entered the US legally on a student visa, even though you are no longer attending school, you can marry your US citizen girlfriend, she can petition for you, and you can get your lawful permanent residency without leaving the US.
Answered on Sep 03rd, 2013 at 2:49 PM
You could adjust status to permanent resident based on marriage to a US citizen, and remain in the United States while your application is being processed. A fiance visa is not needed in your case, but I would consult with an immigration lawyer before filing the petition to make sure you don't have any other ineligibly issues.
Answered on Sep 03rd, 2013 at 2:49 PM
You should be able to adjust status here.
Answered on Sep 03rd, 2013 at 2:49 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Yes. You can stay, marry and apply for your green card. The process takes about 3 months from start to finish. Consult with an experienced immigration attorney before getting married.
Answered on Sep 03rd, 2013 at 2:49 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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After you have married your US citizen girlfriend, she can petition for you on form I-130 and you can apply for adjustment of status concurrently on form I-485 with USCIS. You do not need to return home to apply for a fiancee visa. If your application is approved, you will be granted residency status and can stay in the US legally. It's currently taking USCIS about 4-6 months to process the application before calling you and your future wife in for an interview.
Answered on Sep 03rd, 2013 at 2:49 PM
You can apply for a green card without having to leave the U.S. once you got married. The marriage itself will not provide you immigration status that allows you to remain in the U.S. It does matter for your green card application if you no longer attend school as long as you do not leave the U.S.
Answered on Sep 03rd, 2013 at 2:49 PM