Student Visa and marriage to a U.S. citizen

[savedNblessed 1]

Hello,

A friend of mine is here in the U.S. on a student visa. She would like to get married to a guy, who is a U.S. citizen. Her student visa expires in October 2019.

1) What steps does she need to take after she gets married to stay in the U.S.?

2) If she’s already married can she stay in the U.S. even if her student visa expires?

Thank you for your assistance in advance!!

[Ben&Zian 4,397]

9 minutes ago, savedNblessed said:

Hello,

A friend of mine is here in the U.S. on a student visa. She would like to get married to a guy, who is a U.S. citizen. Her student visa expires in October 2019.

1) What steps does she need to take after she gets married to stay in the U.S.?

2) If she’s already married can she stay in the U.S. even if her student visa expires?

Thank you for your assistance in advance!!

~Moved to Adjustment of Status Case Filing and Progress Reports as OP s asking about AOS'ing from a student visa~

 

She will have to file for AOS before her student visa expired so she could be in a legal status under a pending I-485. If her student visa expires and she isn't in pending AOS then she is out of status and could be removed from the US. Marriage alone means nothing. There is a current thread right now about someone not filing for AOS (from a K-1 mind you, but same circumstances could apply) and ended up in jail and deportation hearings. Remaining in a legal status is no joke.

 

 

https://www.visajourney.com/content/i130guide2  Follow the guide.

Edited May 10, 2019 by Ben&Zian

[WeGuyGal 1,052]

9 minutes ago, savedNblessed said:

Hello,

A friend of mine is here in the U.S. on a student visa. She would like to get married to a guy, who is a U.S. citizen. Her student visa expires in October 2019.

1) What steps does she need to take after she gets married to stay in the U.S.?

2) If she’s already married can she stay in the U.S. even if her student visa expires?

Thank you for your assistance in advance!!

Is she done with her studies, got a degree?  

 

Either as posted above is one option, or she gets married and returns to her country (after all, she claimed intent to return to her home country upon completion of studies) and be petitioned for a CR1 spousal visa. 

[Boiler 43,425]

Basically she has 2 options, do the basic research herself or employ a lawyer.

[junkmart 320]

1 hour ago, WeGuyGal said:

Either as posted above is one option, or she gets married and returns to her country (after all, she claimed intent to return to her home country upon completion of studies) and be petitioned for a CR1 spousal visa. 

No need to return to home country for CR1, they have already expressed interest in getting married and staying here afterwards. She claimed intent to return, but later decided to get married. Completely legit and legal.

[junkmart 320]

2 hours ago, savedNblessed said:

2) If she’s already married can she stay in the U.S. even if her student visa expires?

Yes, but best to file for AOS prior to her student visa expiring, so that way she won't be out of status. Follow the guide that was posted in a previous response.

[Rosalind F 178]

It does not really matter when her visa expires. I-20 is a legal document for F-1 status. As long as I-20 is unexpired and she is a full time enrolled student at the university she is fine. 

 

And I agree, it is better to start AOS before she loses F-1 status so she does not need to leave the country.