Columbus, OH asked in Immigration Law for Ohio

Q: I want to ask about the immigration 90-days rule for changing F1 to Green Card.

I am a U.S citizen and I want to marry an F1 student who will enter the U.S this summer, can we apply to a marriage green card right away and cancel her classes for now until she gets the in-state tuition fee ? or that would be risky due to the 90 days rule ? and if we do apply for the green card either now or after 90 days, would she be okay legally if she doesn't enroll in any classes waiting for the green card ?

Please advice,

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2 Lawyer Answers
Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

A: I would encourage you to speak with an experienced immigration attorney to go over the worst case scenarios based on your intentions. Many firms such as mine offer free consultations. Best wishes!

Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Your spouse will be forgiven any overstay or out-of-status time because she is adjusting through a USC immediate relative. By your email you indicate immigrant intent for your spouse who is entering on a non immigrant visa. Yes be careful. It is misrepresentation to enter the USA on a non immigrant visa when you know you have the intention of immigrating. I suggest you wait at least 90 days to get married and your spouse maintain her F1 visa. Entering the USA on an F1 visa with no intent of complying with the terms of that visa can also be misrepresentation.

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