QUESTION
Do I need to leave US after I married to US citizen and my student visa expires?
Asked on Oct 04th, 2013 on Immigration - Colorado
More details to this question:
I just got married with US citizen and I have F1 student visa. After 20 days, I will be overstaying because I lost my scholarship. I can't go to school anymore. My visa will expire in 2016. Can I apply for green card? I heard that the fee for the green card is $1500. Is that right? Can I stay in US while I am waiting for my green card?
10 ANSWERS
Yes, you will be eligible to adjust status to permanent residence (green card) on the basis of marriage to a US citizen within the US and will not have to go back to your home country. The USCIS filing fees for this are $1490. If you are working with an attorney, there will also be legal costs.
Answered on Oct 08th, 2013 at 1:10 PM
You can remain in the United States once you applied for adjustment of status based on your marriage.
Answered on Oct 07th, 2013 at 11:53 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You do not need to leave the US, you can wait for your green card here. Falling out of status will not make you ineligible for adjustment of status. The filing fees for the forms you need to file amount to $1480.
Answered on Oct 07th, 2013 at 11:20 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You can stay and apply for your green card without needing to leave. The fee is $1490.
Answered on Oct 07th, 2013 at 11:15 AM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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You can stay in the US and apply for Green Card through your US citizen spouse. You do not have to leave the country, The USCIS fee to apply for the petition and the Green Card is $1490.
Answered on Oct 07th, 2013 at 11:13 AM
Immigration Law Attorney serving San Francisco, CA
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Law Offices of S. Ouya Maina
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You may stay and process the Green Card. You also need to add for the cost of the civil surgeon medical exam.
Answered on Oct 07th, 2013 at 10:33 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. It appears as if you are eligible for adjustment of status through marriage to a US citizen. Your wife can petition for you on form I-130 and you can concurrently apply for adjustment of status on form I-485 while you remain in the US. The total filing fee will cost you $1,490.
Answered on Oct 07th, 2013 at 10:30 AM
Your US citizen spouse needs to petition for you via I-130 immediately. With this petition, you can file also for adjustment of status, work permit, etc. Your spouse must file an affidavit of support. While petition is pending and you have notice of acceptance of your petition, you may stay and wait for the decision. If petition is approved and all documents are submitted and accepted, you will adjust the status to a permanent resident. Also, if you file a request for authorization to work, within 90 days you will receive authorization to work. You need to act quickly. Adjustment of status currently is $1,070.00. But also, you spouse/citizen must pay for I-130.
Answered on Oct 07th, 2013 at 10:27 AM
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You wrote Question: Do I need to leave US after I married to US citizen and my student visa expires? RESPONSE: Generally you do not have to do that. If you filed for Adjustment when you were in the U.S. and "in" status you can stay in the U.S. while the I-130/AOS case is pending. YOU WROTE: Question Detail: I just got married with US citizen and I have F1 student visa. RESPONSE: Congrats on your recent nuptials. You wrote: After 20 days, I will be overstaying because I lost my scholarship. I can't go to school anymore. My visa will expire in 2016. Can I apply for green card? RESPONSE: If you were "in status" at the time you filed your AOS case then you can stay in the U.S. until the case is processed. YOU WROTE: I heard that the fee for the green card is $1500. Is that right? Can I stay in US while I am waiting for my green card? RESPONSE: You should check the website for the fees for the submissions you will be making. In general, folks who filed for the I-130 and I-485 when they are in-status can stay in the U.S. There are nuances to this however and it is recommended that you enlist a competent legal practitioner to guide you with regard to this matter.
Answered on Oct 07th, 2013 at 10:25 AM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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Your spouse should file an I-130 petition the same time you file the I-485 adjustment of status application. The filing fees are $1490 for the two together. If you file an I-131 application for advance parole, you can travel if it is approved while the adjustment application is being processed. Otherwise, you should stay in the US even after your F1 status expires, until the adjustment is approved.
Answered on Oct 07th, 2013 at 10:14 AM