can I apply for green card with my condition?its urgent , plz help

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baboy

Registered Users (C)
I am currently an F1 student, but I will be out of status soon due to lack of credit hours in school. I will have to apply for a reinstatement within the next 5 months. I just got married to a green card holder and he is in the navy. my husband is applying for US citizenship but it will take him at least 6 months. he is leaving for Russia in half a year which means he will only come back in December and the interview for US citizenship will be delayed. I don't know If we can go ahead and apply for my permanent residence right now when he is a green card holder and I am out of F1 status ? is it possible ? by that way ,can I avoid being deported back to my country and continue to go to school? or I can't go to school until my application is in process? people said we can do the I 130 but not my permanent applycation? My husband is leaving the country next week, I don't know what will happen to me. school said that I cannot apply for permanent resisdence if I want to apply for a reinstatement since the INS will not grant me the reinstatement if they know I have intention of becoming a resident . But the thing is I got married to a green card holder and he added me as dependent in his tax return, INS will find out any way. what should I do ? Any one who knows please give me advice , plz...
 
baboy said:
I am currently an F1 student, but I will be out of status soon due to lack of credit hours in school. I will have to apply for a reinstatement within the next 5 months. I just got married to a green card holder and he is in the navy. my husband is applying for US citizenship but it will take him at least 6 months. he is leaving for Russia in half a year which means he will only come back in December and the interview for US citizenship will be delayed. I don't know If we can go ahead and apply for my permanent residence right now when he is a green card holder and I am out of F1 status ? is it possible ? by that way ,can I avoid being deported back to my country and continue to go to school? or I can't go to school until my application is in process? people said we can do the I 130 but not my permanent applycation? My husband is leaving the country next week, I don't know what will happen to me. school said that I cannot apply for permanent resisdence if I want to apply for a reinstatement since the INS will not grant me the reinstatement if they know I have intention of becoming a resident . But the thing is I got married to a green card holder and he added me as dependent in his tax return, INS will find out any way. what should I do ? Any one who knows please give me advice , plz...
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I believe you can apply and stay. I was on an F1 that expired 5 years ago, and I am still here, applied for PR, wife is a US citizen. Don't worry so much, but I would contact a lawyer though to handle your case. They main thing here is that you entered legally with a visa. Good Luck
 
thanks

Thank you so much for your help. I will do as you told to see if thing gets better. I really appreciate your respond.
 
Don't worry about getting "Deported," just don't go around telling people your situation though. My Attorney said that Ice is more interested in drug dealers, trouble makers,ect.. Stay out of trouble and you will be fine. I think you should be able to apply for 1-130, and I-485 together, although I would wait until your boyfriend becomes a citizen though, much faster.
 
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:)

thanks a lot. that s what I thought. I should wait a little more. But I will be out of status in the mean while. thats what makes me worry cuz I really want to finish my last year in school and study further. Wonder if it will stop my plan. But anyway , your information is really helpful. keep me calm.
 
This may seem late but for future members USCIS gives special prefrence to military spouses, it's okay if they aren't with you at the interview.
 
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