F1 Student (out of status) married to US resident

[IceCode]

Hello..

I'm on F1. I just graduated from my second master and my I-20 will expire on May 31, 2010.
I also applied for a new master degree which starts in Aug. I will get married to my fiance who is an LPR (lawfull permanent resident) in June, 2010.
She will become a citizen in June 2011.

What if I don't continue with my new master and stop going to school and just wait for wife to become citizen and then petition for me?

I understand that it is better to maintain my status until my wife becomes citizen but what are the risks if I don't?


More information:
- My last entry was legally in 2003
- I cannot apply for OPT as I did once after my first master

Note: I spoke with my lawyer and he told me that if I stop going to school and become out of status, the risk of being deported is minimal as no one is coming to knock on my door just because i'm out of status, but still risk is possible. On the other hand, if I am out of status and married, then even if i end up in court for whatever reason (traffic ticket, etc...), i won't be deported.

I would appreciate any help with this as I would like to gather more information before I decide what to do.

Thank you,

[hotelier73]

Decision is yours!

First of all, if you have a lawyer and it seems like it you don't trust him (by posting a question here in the open), get a new one. No one is going to tell you to violate terms of your stay and become out of status. if that's what your lawyer is telling you, then good luck!

My advice is if you can, maintain your legal stay and be in good terms with the law. No one can predict your future. But if you are out of status, then you are very well aware of consequences. I am not trying to scare you off, but you should better know it. Google F1 students and you will come across all those unfavorable AOS experiences. Even on this forum, read the questions, and you will see so many AOS applicants, especially F1s, are having difficulties in becoming LPRs.

So at the end of the day, decision is yours! And please remember I am not an attorney!

[IceCode]

thanks hotelier73 for your response. Actually I do trust my lawyer but I wanted to hear more from people with similar cases. There is nothing wrong with learning more about something

And you are absolutely right that no one is going to tell me to violate the law, and I'm not asking for that. But here is my question in different wording.

For example, if someone became out of status for whatever reason, and then married a US citizen, then he/she is fine and will be able to do AOS as long as no criminal records and entered the country legally.
Some people will argue and say that you will face difficulties because you were out of status. It doesn't matter as long as you are married to a US citizen and entered legally.

Now for my case, I learned that if an F1 is out of status and he/she is married to a US resident, he cannot apply for AOS his/her spouse become a citizen. So my question really is for that period I'm out of status and my wife is resident, do I have a case because my wife will be citizen in 10 months.

[Russell]

I took a look at

https://www.immihelp.com/family-based-greencard-categories/

It looks to me that if you get married now, you could instantly apply for AOS and stop going to school since you would be in the process of AOS? Run it by your lawyer.

Court house weddings are common and you can always throw a big ceremony later with a priest and just not tell anyone that you already did the marriage certificate. The last four weddings I attended the legal marriage was seperated from the ceremonial marriage.

It is much better to play it safe and stay in status.

[hotelier73]

Well, you have already planned it out so why bother asking questions. Sorry, if I am not being able to help you in your hypothetical question. You don't sit and hypothetically ask questions about a serious matter. Immigration laws are very clearly spelled out so there is no guessing game. You are talking about going out of status; don't forget every year thousands of LPRs are being deported by ICE just on very minor violations. If a GC holder has to stay clear of any trouble to avoid deportation, what scale do you have to be forgiven? Don't forget ICE monitors SEVP very closely. Rest is yours to decide!

And Russell, his future wife is not a citizen yet. She is LPR and has about 10 more months to go before she becomes a citizen( and we don't know if she would be)

[Russell]

And Russell, his future wife is not a citizen yet. She is LPR and has about 10 more months to go before she becomes a citizen( and we don't know if she would be)

My mistake then, That immihelp webpage showed that a Lawful Permanent Resident could petition their husband/wife for a green card.

https://www.immihelp.com/family-based-greencard-categories/

[IceCode]

It's not a hypothetical question hotelier, I'm simply trying to get help drawing the difference between marriage to US citizen and resident. Clearly I cannot apply for AOS while my wife is a resident, but what does that mean? what does the law that has no hypothetical situations say?

- Do I get to stay and wait for her to be citizen?
- Do I have to leave?
- What if she files an I-130 petition?

There are all specific questions, or Yes/No... no hypothetical cases.

[hotelier73]

Yes!

Yes his LPR spouse can petition him but then he will be in F2A category and wait for the visa number to become available, and it sure takes some years to get that visa. His spouse can later amend her petition for him when she is naturalized and gets her citizenship certificate hence giving him immediate visa number. But the issue is not this. He is asking us to give him suggestion if he stays out of status for about 10 months while his wife is a LPR. And I am sure anyone who gives a person suggestion how to stay "undocumented" in this country to avail immigration benefits later, can get into trouble and that person is not doing any good to him either.

[IceCode]

Ok now....

Ok now we are getting somewhere . This period of 10 months after my wife (LPR) petition for me. Am I still out of status while waiting for the visa number?
Even if they already have accepted the petition (did not reject it)?

[hotelier73]

Oos!

Yeah, you will be out of status, unless an I-485 is applied to adjust your status. When your LPR spouse files I-130 for you, it just gives you a place in a long awaited queue for a visa number to become available. After that wait then you can file for AOS, but if you have stayed "undocumented" and your wife is still a LPR then you will have to go to your home country to do CP and this will trigger -re-entry bar. Currently, in F2A category, there is a wait of about 6 years. But when your spouse becomes USC, she can send an amended I-130 and you can file I-485 along with other forms to do AOS. When you file I-485 then your status becomes valid for that duration until USCIS decides your fate. But still a possibility of gettingg caught by ICE will loom all around you.

[gasha]

same situation

Hi IceCode,

I am in the same situation like urs. Have you found more info about your situation?

[danero]

@Icecode,

As your wife (that's if u married already) filed for Naturalization yet ? If not how many months is left for her to be eligible to file for Naturalization. ( She can always file for it three months before the actual date she is eligible to file for naturalization).

If she has already filed for Naturalization and she hasn't really committed any crime and has been law abiding this whole time then in the next six months she will become a citizen.

I will advise you wait til she becomes a citizen before you file any petition to uscis. Don't do it while she is still a Perm Resident because then you into a queue and then you have notify them again when she becomes Citizen. Too much hassle.

[gasha]

Thanks.

[mikoti]

Please I need your help in the forum. I got to the US by December last year 2011, went to my school for registration and the rest. But along the line I was out of status because of my I-20 stuff. My wife is here already (a citizen, she came down to our country for engagement with the hope of getting married later in US). We got married three (3) weeks after I got to the state.Then a week later I was out of the status.

MY QUESTIONS:

1. Can she file for me now without any consequence
2. I have put in i-539 for my reinstatement, SHOULD WE WAIT for the result before SHE FILES for me
3. If my reinstatement is turned down, can she still file for me
kindly help out!

[mikoti]

Please I need your help in the forum. I got to the US by December last year 2011, went to my school for registration and the rest. But along the line I was out of status because of my I-20 stuff. My wife is here already (a citizen, she came down to our country for engagement with the hope of getting married later in US). We got married three (3) weeks after I got to the state.Then a week later I was out of the status.

MY QUESTIONS:

1. Can she file for me now without any consequence
2. I have put in i-539 for my reinstatement, SHOULD WE WAIT for the result before SHE FILES for me
3. If my reinstatement is turned down, can she still file for me
kindly help out!

Yes, she is a full citizen. Now that am out of F1 status, can she file for me?