QUESTION
Can I stop going to school on F1 visa if I got married and still get green card?
Asked on Aug 09th, 2012 on Immigration - Wisconsin
More details to this question:
I know my wife in march 2011 and we loved each other and we got married Islamic in Egypt and I got my F1 visa and came to USA to study also we got married here in US and now she\\'s pregenant in 3 month. I finished my English program first here to arrange my self for the university but the payment for my university is $7600 for the first semester. Can i stop going to the university till I get my green card to pay less? To leave the university make to me a problem when I\\'m asking for the green card? I mean it will be a weak point against me?
5 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
I need to know what is the status of your wife. Call me to help you.
Answered on Aug 27th, 2012 at 11:13 AM
Generally, an F-1 visa-holding foreign national married to a U.S. citizen may apply to adjust status in the U.S. to become a Lawful Permanent Resident (to get a "Green Card") even if he has violated the terms of the student visa by discontinuing school.
If someone enters on an F-1 visa while married to a U.S. citizen and while intending to remain permanently in the U.S., however, that may present some complications, especially if upon entry the foreign national denied being married to a U.S. citizen.
It would be wise to engage an immigration attorney to carefully review the details relating to you and your wife, in order to advise about immigration eligibilities, options and strategies.
Answered on Aug 27th, 2012 at 11:13 AM
Rebecca T White
You will want to discuss timing directly with your immigration attorney, but this should be an option for you.
Answered on Aug 27th, 2012 at 11:13 AM
Immigration Attorney serving Madison, WI
at
Wren & Gateways Law Group, LLC
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It sounds like you married a US citizen. If that is the case, then falling out of status (not enrolling in school) should not prevent you from getting a green card.
I always recommend that couples have an in-depth consultation with an immigration attorney before filing any paperwork with immigration to spot potential problems.
Answered on Aug 27th, 2012 at 11:12 AM
Bruce A. Coane
Any student who stops going to their F-1 approved school, risks being arrested by ICE. Once a legitimate I-485 is filed, the risk decreases, and you would at least have a defense to the possibility of being arrested.
Answered on Aug 27th, 2012 at 11:12 AM