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Please please help - change visa status from F-1 to K

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  • Please please help - change visa status from F-1 to K

    I came to the U.S. 6 years ago for my education. I finished all the course work for Master degree but didn't defend my thesis. My I20 will expires on Dec 31 (1 week left:-(((. I just learned from my school that they are not going to extend my I20 to next semester. So how long do I have until I am forced to leave the U.S. (does the 60 days grace period apply in my case?).
    My long term boyfriend is U.S. citizen. Should I get married ASAP and apply for a K1 visa (or what kind of visa I should apply for)?
    If I overstay here for a few months, would that be a huge problem? Is there any extra fee involved if I overstay a few months (less than 6).
    Your help and advice is tremendously appreciated.
    Thank you very much.

  • #2
    You do not need a K visa. You can marry him and apply for your Green Card here in the USA.

    Read here: https://www.immihelp.com/family-base...ons-in-us.html
    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
      Originally posted by PraetorianXI
      You do not need a K visa. You can marry him and apply for your Green Card here in the USA.

      Read here: https://www.immihelp.com/family-base...ons-in-us.html
      THANK YOU VERY MUCH. BUT THE SCHOOL JUST LET ME KNOW I HAVE 60 DAYS GRACE PERIOD TO EITHER TRANFER TO ANOTHER SCHOOL OR LEAVE THE COUNTRY. CAN I GET MARRIED AND APPLY FOR GREENCARD WITHIN 60 DAYS? IS THERE ANY PUNISHMENT IF I STAY HERE FOR MORE THAN 60 DAYS?

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      • #4
        yes, you can marry within those 60 days and file for Adjustment of status.

        If you do overstay, it will be forgiven by USCIS.

        BUT the problem is that if ICE is informed of you being out of status, they could come and get you and deport you... Which makes things complicated.
        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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        • #5
          So, it is possible for a foreign student in the U.S on a F-1 visa to marry a u.s citizen? There is no K1 or K3 visa involved? You can have a relationship with the student and simply, traditionally marry them while they are in school and then just apply for I-130 ($355) and I-485 ($1010)? Can they stay in the U.S while they wait for the green card? How long does the green card take to arrive?

          thanks

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          • #6
            Oh, another question: the I-130 and I-485 and there fees (the $1400) only need to be filled out and paid for once correct? If I am a U.S citizen and I want my wife to get her green card, the paperwork and fees will only have to be done by one of us right? So it will only cost around $1400 instead of us both doing it for around $2800? Sorry if this seems a stupid question, but I am new to this board and this entire process. Thank you very much.

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