Student -> Spouse Visa Process

[studenthelp1234 0]

I hope this is in the right section. Sorry if not.

I have been in education for 6 months, recently left the country, and came back 3 days ago for my final semester. Literally today I went to pay for my semester and realised it was more than I thought. Furthermore after consideration i'm not sure at that price and with the class descriptions, that this will be worth the money.

My girlfriend and I decided we wanted to get married after arriving back in the US and being so happy together to be back. The marriage would have been literally in the next few days once we'd worked out the complicated process. I was in fact reading up on the process this morning before the re-think.

My question is: My class starts tomorrow. Presuming I can get out of the contract - if I drop out tomorrow and marry within the next few days - will I be out of status immediately after leaving school, what impact will it have on the Spouse Visa process and from your opinion does it look like I came into the country soley with the intent to marry?

Thankyou!

[Janelle2002 3,865]

It will be the Immigrations Specialist at your school's duty to report you if you do not report for classes because basically, if you are not studying then you are not a student and thus should not be in the U.S. on a student visa. You better start the process quick. Because as soon as they report you ICE is going to go looking for you at the first address they have. You don't want this to happen.

Also it depends on how nice your counselor is and how much work they have on their desk. No time frame on how soon they will report you.

You should try to get on a payment plan with your school, I am SURE they have a payment plan, and pay your first installment until you marry and file your paper work. That's my suggestion.

Good luck.

Edited July 8, 2013 by Janelle2002

[studenthelp1234 0]

Thank you so much Janelle! I will follow your advice. Greatly appreciated

[Janelle2002 3,865]

You are welcome.

[NikLR 13,227]

So you're wanting to adjust your status?

***moved topic from IR1/CR1 visa to adjusting status from work, student or tourist visas - also removed duplicate topic***

[AnotherLostSoul 167]

YES

So you're wanting to adjust your status?

***moved topic from IR1/CR1 visa to adjusting status from work, student or tourist visas - also removed duplicate topic***

[Little_My 464]

1. ICE will not be knocking on your door the following day if you drop out of school. Yes, being out of status is not advisable, and yes, once you stop being a full time student you are in violation of your F-1 visa requirements and the visa will be invalidated - but you do not need to run to the courthouse tomorrow morning. Don't waste time, but don't panic either. There's no reason for that. While it is true that especially after Boston, student visa overstays are probably under more scrutiny now than before, it's still very unlikely they'd be pulling you out of bed after dropping out of your classes unless you have some other major red flags associated with you.

2. You won't be getting a spousal visa, since you are already in the country on another non-immigrant visa and can adjust your status within the US. You'll be doing the AOS process from F-1 visa holder to a green card holder.

3. Follow this guide - http://www.visajourney.com/content/i130guide2 - you have to get married first before you can file, but you can start gathering the paperwork together now so that you'll be able to file soon after getting married. Once you have filed the paperwork, you enter a new period of authorized stay in the US that will last until you have a decision on your AOS petition.

[SBB 74]

If you stop attending classes, are you hoping to continue them at some point in the future? If so, see if your school has some sort of continuous enrollment requirement.