QUESTION

If I am F1 student my husband and I just got married, we want to apply for green card, can I stop going to school and still apply for the green card?

Asked on Mar 19th, 2017 on Immigration - Georgia
More details to this question:
I am a F1 student my husband and I just got married. He is a US citizen and we want to apply for green card but we just got married 2 months ago. Would I get in trouble and get deported because school is costing a lot of money and I want to continue once I got my green card then it’s going to cost less? My husband didn’t make enough money in 2016 (he has been traveling a lot but this year he will be fine) so we need a joint sponsor but we haven’t find one yet, can I apply for the green card first then find the sponsor? What is the best option for us? Should we apply now or we should wait for the year to end so we don’t need to find a joint sponsor?
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1 ANSWER

Immigration Law Attorney serving Atlanta, GA
3 Awards
Generally, when a foreign national who entered the U.S. lawfully and with inspection (such as with an F1 student visa) becomes married to a U.S. citizen, the couple can succeed in a marriage-based adjustment of status application so that the foreign national spouse may become a Lawful Permanent Resident (get a "Green Card"). This is true even if the foreign national spouse may have discontinued going to school associated with the F1 visa (but note, until an adjustment of status application becomes filed, if a foreign national overstays or otherwise fails to maintain her F1 status, she may be at risk of being placed in removal/deportation proceedings if the matter comes to the attention of immigration officials). In the adjustment of status process, if the U.S. citizen does not have sufficient documentable income to meet the legal requirements, it may be necessary to have a joint sponsor. A joint sponsor generally may be any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated in the Affidavit of Support. Of course, there are many more details relevant for determining adjustment of status eligibility. It would be wise for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Jun 13th, 2017 at 6:07 AM

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