QUESTION

If a marry to a US citizen and we divorce after some months, what happens to my residency status?

Asked on Oct 23rd, 2013 on Immigration - Kentucky
More details to this question:
I had a question about marriage. I am a F1 phd Student in US, I and My girlfriend are living together for a year, she is a US citizen, we don't have any solid decision for marriage, but she wants me to travel to Europe and see her parents. On the other hand, as long as I am on Single entry visa, I don't want to apply again for another Visa. but she is insisting that we can Marry and I can apply for Green card and my Travel documents would be ready in a month, she says. Now I am afraid of doing this because we had bad fights already and it is probable for us to break up, I don't know what happens to my residency status in this case, I we marry and divorce some months later, can I stay on permanent residency or can I go back to F1 status or they deport me?
Report Abuse

1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If by some months later, you mean within six months, you would likely not be granted residence status in this country as most immigration offices are taking 6+ months to interview applicants in marriage based cases. Your girlfriend's timing is incorrect also in that an advance parole travel document usually takes approximately 90 days to obtain after application. If you maintain your legal status under F-1, you could have a plausible defense against being removed from the country in the event that your marriage based case does not work out on the theory that you are still legal and not amenable to removal proceedings.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 Nov 07th, 2013 at 8:35 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters