Hello. I'm currently in the US on an F1 Visa, but fell out of status for not attending classes at all (in other words I haven't attended classes since I got to the states) due to some reasons. I have been out of status for about 3 months. I have been with my girlfriend who is a US citizen for some time now, we intend getting married by the end of this year. From previous questions and answers on this sort of issue, I understand it would be possible to adjust my status based on grounds of marriage. My question is, do you think I could have some problems with USCIS due to the fact that I didn't attend classes at all? even though my marriage to my girlfriend is totally based on love.
Marriage to Out of Status F1 Visa Holder. HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!
- Thread starter firefly1
- Start date
ananga73
Registered Users (C)
Firefly, can you take all the exclamation marks off your Title? Lots of exclamation marks imply yelling in cyber communication etiquette.
If you've only been here 3 months and NEVER registered for school, yes USCIS will most likely consider you had immigration intent and give you a lot of hell. You need a good lawyer.
Alternatively, note that you have only accumulated 3 months of being out of status so if you leave, you are NOT subject to any ban. If the US citizen really loves you that bad, you can go back home and she comes over, get married, and do consular processing. You will be back to the US within a year with a green card . Another route would be for her to get you a fiancee visa and you can be here in about nine months.
See a lawyer because you have options
If you've only been here 3 months and NEVER registered for school, yes USCIS will most likely consider you had immigration intent and give you a lot of hell. You need a good lawyer.
Alternatively, note that you have only accumulated 3 months of being out of status so if you leave, you are NOT subject to any ban. If the US citizen really loves you that bad, you can go back home and she comes over, get married, and do consular processing. You will be back to the US within a year with a green card . Another route would be for her to get you a fiancee visa and you can be here in about nine months.
See a lawyer because you have options
Jackolantern
Registered Users (C)
It's one thing to have immigrant intent, it's much worse to enter the US with gross false pretenses by using a student visa and then not studying, or a work visa and then not working at all.
If you marry and attempt to directly stay in the US, you can expect to be banned from the US for student visa fraud, because you didn't attend classes at all and then tried to immigrate.
If you want a green card, you need to leave the US before you've been here for 180 days, and seek the green card through the US consulate in your country, either with a fiance visa (if you delay the marriage until after you're back in the US with the fiance visa) or immigrant visa (if you marry before initiating the green card process).
If you marry and attempt to directly stay in the US, you can expect to be banned from the US for student visa fraud, because you didn't attend classes at all and then tried to immigrate.
If you want a green card, you need to leave the US before you've been here for 180 days, and seek the green card through the US consulate in your country, either with a fiance visa (if you delay the marriage until after you're back in the US with the fiance visa) or immigrant visa (if you marry before initiating the green card process).
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Jackolantern
Registered Users (C)
If you get married now and then try to stay in the US, you can expect some immigration hell. But if you get married now and leave the US soon after, you won't have much of a problem when pursuing the green card through the consulate.
ananga73
Registered Users (C)
Keep us posted on whichever route you decide to take. All the best!
Will do! thanks a lot.