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student status and marriage

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  • student status and marriage

    I got married to a US citizen but while in school but I got suspended this semester and will lose my student status in a few days. We have not filed an I-130 and I do not want to violate any laws so I am flying back home to Europe. I will be allowed to return to school in 12 months.
    Is it a good idea for me to apply for an immigrant visa at the US consulate while I am away? I checked online and the embassy in my country does offer those services.
    Do I have any other options?

    Thanks!

  • #2
    File I-130 and I-485 at the same time and you can stay legally until the GC is approved.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Don't go back home! This will only complicate things for you!
      You may be surprised bu you going out of status doesn't matter that much now that you are married.
      File I-130,I-485 and I-864 and maybe I-765 and thus you will start the process for getting your green card.Try to find a lawyer and tehy will explain it all to you!
      But don't worry about you being out of status. There are many people who have lived in the US out of status for years, then they get married and get their green cards! Good luck!

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