QUESTION
What can one do about the falling out of F1 status after applying for green card?
Asked on Sep 02nd, 2013 on Immigration - Mississippi
More details to this question:
I am currently on F1 status attending college for a Bachelor degree. Last month my husband, who is a US citizen, submitted an application to sponsor me for a green card. Will it affect our application for the green card if I decide to drop out of school before our petition for green card is approved?
7 ANSWERS
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You will be fine. You should have filed Forms I-485 and I-130 concurrently.
Answered on Sep 11th, 2013 at 3:03 PM
Rebecca T White
No, it will not. However, if something happens to the marriage before the adjustment application is approved then you will have difficulties regarding your immigration status.
Answered on Sep 11th, 2013 at 3:02 PM
Should be ok. Have you also filed the I-485?
Answered on Sep 11th, 2013 at 3:02 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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No as long as the green card is approved. Maintenance of status is not a requirement in this category but if for any reason you split up or the case is not approved then you would need to return overseas to get back in status.
Answered on Sep 11th, 2013 at 3:01 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You will be able to adjust status (receive a green card) even if you fall out of status before your husband's petition will be approved. The problem might arise if, for any reason, USCIS would deny your husband's petition or your I-485 application - then, with a lapsed F1, you will find yourself an illegal alien. Sorting out this kind of a case can take a couple of years; and, take my word for it, you don't want to spend them in removal proceedings. Another frequent scenario involves falling out between the spouses. Nowadays, all new marriages are fragile, and more than 50% of them fall apart within the first 2 years. It is seldom pleasant; but when one of the spouses is an alien and her ability to remain in this country depends on the good will of the American citizen spouse, things tend to turn just ugly. If you retain your student status throughout these 2 years, until you receive a permanent green card, you will be able to go back on F1 if your marriage does not survive. Finally, staying in school and getting your degree has its own rewards that are well worth the effort, even if it does not feel that way now. So, if there is any possibility, stay in school, and stay in status.
Answered on Sep 11th, 2013 at 3:01 PM
Generally, if a foreign national has entered the U.S. lawfully and with inspection, and then becomes married to a U.S. citizen, the fact that the foreign national spouse overstayed a visa or violated the terms of the visa, will not stand in the way of eligibility to adjust status (to get a "Green Card"). Some immigration law firms offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms offer an initial consultation free of charge.
Answered on Sep 11th, 2013 at 3:01 PM
Provided there are no other issues (such as misrepresentation or fraudulent intent), dropping out of College does not render you ineligible for adjustment.
Answered on Sep 11th, 2013 at 3:01 PM