Getting married on my f-1 visa?

Question

Ok so I'm currently in the US from England, studying at college on my F-1 visa. My fiance, who is a US citizen and I hope to get married here in August. My question is:

- Can I stay in the country while we file for my change of status?

- How long will it take?

- If it takes longer than 6 months, do I still have to go to school under my f-1 visa next year [2009] paying international student fees? Or will I be able to just stay in the US awaiting the decision?

The fees are so expensive and my fiance and I just want to be able to use that money to build our future.

Answer 1

Per the Immigration website an F1 student visa is a non-immigration visa. It can't be converted to a green card or another type of immigration visa.

Getting married will not guarantee that you will end up with a green card.

The large number of F1 visa holders that are trying to stay by marriage has increased dramatically over the last few years. The whole purpose of the student visa is to gain education you can take back and contribute to your home country.

You are not in for a quick or easy time of it.

Answer 2

Don't listen to Razor Jim who is once again talking out his a**....

George L's answer is more reputable!!

Answer 3

I agree.

George L.'s response is much more reputable and reliable. I would also contact the USCIS regarding any questions or visit their website. The instructions there are actually very simple.

To Razor Jim:

I have been researching on the subject for a while now as I am also an F-1 status who happened to fall in love with my husband and decided to stay here. I have not seen any evidence regarding the inability to adjust the visa status from nonimmigrant visas at all on the USCIS website. Please do cite your resources when you are making such claims as I believe that there are people who use these forums as additional sources.

Each of us have our own personal stories. For me, I did not have the "intention" to come here and marry a US citizen during pursuit of my degree. Believe me, I'd be much better off if I were in my own country than here with my education. But you cannot choose who you fall in love with, or where he is from. My husband knows that by choosing to be with him here, he's asking me to make a lot of sacrifices, including to be judged by people such as you.

Don't be such a hater, life is too short for that.

Answer 4

Well, if you marry, you US spouse will need to file an I-130 immigrant visa petition, an I-485 adjustment of status form and an I-765 work authorization request, and some other odds and ends. Check out uscis.gov for the various forms, fees and additional information. You'll see quickly enough that this isn't cheap, either. It will take USCIS 6 months or more to simply process the petition and then quite some more time to schedule an adjustment hearing, so the whole thing will easily take a year or more before you actually get your conditional resident status. However, you will be able to stay in the US while you're waiting. In fact, you won't be able to leave until they do finish your paperwork, unless you apply for and get Advance Parole before you leave. If you left without it, you wouldn't be able to return without an immigrant visa, and that too could take quite a while. as for student fees, that's a matter between you and your school, but you wouldn't be considered a legal resident under immigration law until everything was processed.