GC through marriage after F1 over stay

aikhalido

New Member
F1 expired a few months ago after graduating, wanted to stay in country with US citizen girlfriend, is a few semesters behind in school, we wanted to travel to my home country Germany together after she graduates, then we got engaged and are planning on getting married soon and realize I will need to adjust my status or apply for GC if I want to travel with her and come back to US after.

Question, I have to leave the country to apply for adjustment of status / GC after we get married? It matters if I have been illegal or out of status over/under 180 days when she petitions for my GC? I've only been out of status for less than 90 days. Will we or our marriage be scrutinized more intensely by USCIS because I am out of status and so they might think our marriage is fraudulent?

Talked over phone with local immigration lawyer, said don't have to leave the country, indepdenently being over/under 180 days over F1, I assume is correct? But still worried USCIS will think marriage is only so I can stay. We have to provide lots of proof of real marriage probably?

Maybe will hire immigration lawyer but is several hundred dollars for initial consultation, and several thousand for GC paperwork, is a lot of money for students.

Thank you all very much.
 
No you dont have to leave country.When you married you overstay will be forgiven.If your marriage is real there will be no problem.
 
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