Question:

Does marriage of an F1 student visa holder to U.S. citizen automatically end her school obligation?

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My wife and I married 1 month ago. Ten days later she stopped attending school even though we havent sent our application for change of her status yet. She believes she can stop attending because all of her friends tell her so. Is she right, or must we receive receipt of application before her obligation to attend school terminates?

I have scoured the Internet looking for a definitive answer but it has eluded me. Can anyone provide a definitive, unambiguous answer?

Forms we will shortly file include G-325, I-130, I-131, I-485, I-693, I-751, I-765, I-864, ...I think that's all.

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2 ANSWERS


  1. Her friends are very wrong.

    She should maintain her F1 status by going school until at least she gets Receipt Notice of I-130 and I-485 after you send all the forms. Then she becomes AOS Pending Status. However, these days even getting Receipt Notice takes from a couple to several months. So it would be better she stays at school to avoid any conflicts becoming out of status.

    She might have difficulties at the green card interview regarding her status by any gaps because she stopped going school.


  2. No, she is very wrong, and now it looks like she only went to school here to husband shop and when you try to convert her status, they will notice that.  It takes about a year for all the status change paperwork to go through.  If she breaks the terms of the visa she has now, she risks deportation.  If she's deported, she's inelligable to apply for a spousal visa for FIVE YEARS.  Go to USCIS.gov and get their contact number.  You do not automatically get US citizenship just by marrying a US citizen, you automatically get the right to APPLY for it.

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