I am a USC wanting to marry a girl on F1 Visa and have a question regarding status

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DeepakChani

New Member
Hello. I am a USC and met a girl who is here studying on her student visa (F1). She will be graduating in August 2017 and know that F1 status is valid 60 days after she finishes school. I will be marrying her later this year and doing AoS but don't want to run into the issue of her F1 being out of status as we await for AoS. When will she be considered valid to remain in the US awaiting AoS , in the case her F1 does expire? Is it when the form I 485 is submitted? Any advice would be greatly appreciated. Thank you in advance.
 
Yes, she can remain in the US as long as I-485 is pending, regardless of whether she has status. It makes no difference for her I-485 if she is in status or out of status when it is filed.
 
Thanks for the input :) Is this because if you are a USC spouse that they overlook if the beneficiary spouse is a overstay or not ?
 
DeepakChani said:
Thanks for the input :) Is this because if you are a USC spouse that they overlook if the beneficiary spouse is a overstay or not ?
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Right. Being out of status, having been out of status, and unauthorized employment have no effect on AOS for people in the Immediate Relative category (spouse, under-21 unmarried child, or parent of US citizen).
 
Hello. I am planning to marry a girl on F1 student visa who lives on the East Coast. I currently live on the West Coast with my family and am a USC. In my culture it is not customary for the wife to live with the husband and his family until the religious ceremony is pperformed. Being that she is on student visa, we want to get the court marriage done as soon as possible but hold the rreligious ceremony in December after she graduates. I want to file for AoS for her after court marriage but want to know what proof I can show proving bona fide marriage being that we wont be living together until December (after religious ceremony). Any advice would be helpful.
 
I have a bit of a similar situation here, but I'm the international one. I am from Italy. I graduated from college in the US and am currently doing my OPT. married a U.S. citizen last year. I will be going back to graduate school in a few months, but have not gotten the I-20 from that school yet. Questions:

1) I need to decide whether to apply for the GC now while on my OPT and then change my F1 status for grad school, or change the F1 status first, and then apply for the GC. From what I learned, it seems that I should wait until I get the I-20 from the school, thus finishing my OPT, before applying for the GC. True?

2) I heard that there's a chance that my application for a GC may affect and even terminate my F1 visa. True or False?

3) Anything else I should know about applying for a GC in my situation?
 
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