QUESTION
I am an F1 student. I got married to a US citizen. I submitted my green card application. My question: can stop going to school?
Asked on Jul 17th, 2020 on Immigration - Utah
More details to this question:
I am an F1 student. I got married to a US citizen. I submitted my green card application. My question can I terminate my status? I was notified that my case was received on June 25th. Can I stop going to school? Here are key facts: 1- I came in 2016 to attend school. I graduated in 2017( Master's degree). I had my OPT and worked for a year. 2- While working, I met my husband, dated, got engaged. Once I got engaged I transferred to a new school to get an undergraduate degree. 3- I got married while I was in undergrad school. I got transferred to a different school for personal reasons. 4- I applied for a green card. The new school that I recently transferred to, requires me to retake all classes. I do not want to. I am leaning towards not going to school and waste money on similar classes. Can I do that? Would that affect my case? Is it a negative factor?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
It is largely up to you whether to maintain going to school or not at this point. The advantage of keeping a lawful nonimmigrant status is that there is more chance of avoiding a notice to appear (NTA) in the immigration court if the application fails. On the other hand, the principal inquiry of USCIS in the case like yours is whether the marriage is bona fide. As you are married to a US citizen, the continuing maintenance of legal status is generally not relevant to the adjudication. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 16th, 2020 at 2:18 PM