Ask Me Help Desk - F1 to green card by marrige

I came to the USA 3 years agor with an F1 student visa. At this period I met a lady and we starting dating each other and we fell in love, she's older than me 14 years. I decided to take 2 semesteres off from school since this is my last year I wanted to practice my filed before graduating. The problem is I did not know that with F1 visa, students cannot take two consecutives terms off school, so this lead me to fell out status with immigration. I tried reinstating but nothing is working. So my girlfriend decided that we should get married in order she could apply me for a green card then continue with my schooling. Now we've been married for 2 weeks and I plan to apply for a green card. My question is would I have any problems with the immigration because I fell out of status while I was F1? And do they look at the difference of age between me and my wife? Please help,

Thanks...

Unfortunately, you've admitted to fraud by stating that you and your wife agreed to marry to secure immigration status for you.

... and thankfully we aren't USCIS

Yes falling out of status might be a problem and may cause delays but you can still apply. As your in an "illegal" status right now it would be best to speak to an immigration lawyer. Try looking in your yellow pages. Some Immigration lawyers won't charge (or charge a small fee) to look over your case and advise how they would proceed. If you can afford it definitely have an immigration lawyer do the application.

I have a friend, she 's been illegal for 17 years, she recently got married and applied and she got her green card within 3 months. So I believe my case is similar to hers no? I have been out of status just 1 month, she was 17 years and she got it easly.

Yeah, but in the case of people in the country illegally there is no documented entry date and date that they are supposed to leave. Your visa had a start and cancelation date but you haven't left.

But yes you can certainly apply for a green card based on marriage, if at all possible leave the country and re-enter as a tourist before applying, it just looks better. If you cant, I would again suggest seeing an immigration lawyer for some advice/help.

I won't risk myself to leave the country, it might take too long to re-enter. My visa did not expire yet, it should expire on May 2008, but sisnce I fell out of status because I did not enroll in school, I believe my visa is not valid anymore. I have seen a lawyer, he said after I fell out of status I have a grace period of 5 months to leave the country, he said I'm not into the category of "illegal" yet, he said I will become illegal in January because then the 5 months grace period ends. He said the best solution would be getting married and apply for green card or leaving the country, aplly for a new F1 student visa then re-entering the country as a new student with a new F1 visa, but he said its risky I might be denied. That's the reason I got married, it was the lawyer suggestion, beside that, me and my wife were thinking to get married in October but we did it 2 months earlier. Next week I'll go to another lawyer to see what he says, if he said it's OK, then I will hire him to start with the application process. My polish friend hired the same lawyer I am going to see, she got her green card within 3 months and she was into the "illegal" category for 17 years and she did not face any problems. LUCKY HER!!

Quote:

Originally Posted by prett202

I won't risk my self to leave the country, it might take too long to re-enter. My visa did not expire yet, it should expire on May 2008, but sisnce I fell out of status because I did not enroll in school, I believe my visa is not valid anymore. I have seen a lawyer, he said after I fell out of status I have a grace period of 5 months to leave the country, he said I'm not into the category of "illegal" yet, he said I will become illegal in January because then the 5 months grace period ends. He said the best solution would be getting married and apply for green card or leaving the country, aplly for a new F1 student visa then re-entering the country as a new student with a new F1 visa, but he said its risky I might be denied. That's the reason I got married, it was the lawyer suggestion, beside that, me and my wife were thinking to get married in october but we did it 2 months earlier. Next week I'll go to another lawyer to see what he says, if he said it's ok, then I will hire him to start with the application process. My polish friend hired the same lawyer I am going to see, she got her green card within 3 months and she was into the "illegal" category for 17 years and she did not face any problems. LUCKY HER!!!!!

What imagration lawyer are you seeing? We are in need of finding one... please and thanks.

Can you please let me know what happened to your marriage green card process? I am in similar condition and me and my boyfriend are thinking of getting married. Please reply!!