Out of status F1 student getting married with a green card holder

Immigration 7 views 3 answers
I'm currently doing really badly in College and my GPA might go below 2.0. I worry that I might be out of status soon as an F1 visa. However, I'm living with my girlfriend who is a green card holder. We are getting married soon. Can I get a green card because of our marriage ? If I'm out of F1 status, can I stay in the U.S illegally till my girlfriend becomes US citizen ? Do the ICE come and arrest me ? Thank you very much.

Attorney Answers

3
Pedro A. MirandaImmigration AttorneyHollywood, FL ·
If your LPR spouse files a petition for you, you will have to wait for the priority date to become current. If you fall out of status you will not be able to adjust but will have to get your visa at a US consulate abroad. If you stay in this country illegally for more than six months, you will face a mandatory bar from returning of either three or ten years depending on length of unlawful presence. If you remain here illegally, you are always subject to being picked up by ICE. So I would say that you should either try to stay in status or leave the country before incurring 180 days unlawful presence.
0 upvotes
Juan Sarmiento ·
If you’re out of status, then you have to wait until your girlfriend becomes a citizen. Ice can always come and arrest anyone who’s out of status. But if you’re never arrested when your girlfriend becomes a citizen, then you can get petitioned and adjust status.
0 upvotes

People Also Asked