Can I stay in the US if I get married to a US citizen? 9 Answers as of September 03, 2013

I have a F1 student visa and I want to marry my girlfriend. She is a US citizen. I lost my Scholarship so I can't go to school any more. I have been in US for 2 years. My F1 visa will expire in 2015. My question is can I stay in US after I got marry with my girlfriend? Or I need to go home and apply for fiance visa? And when can I get green card?

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Walker & Ungo Law Firm
Walker & Ungo Law Firm | Gabriela Ungo
You could adjust status to permanent resident based on marriage to a US citizen, and remain in the United States while your application is being processed. A fiance visa is not needed in your case, but I would consult with an immigration lawyer before filing the petition to make sure you don't have any other ineligibly issues.
Answer Applies to: Mississippi
Replied: 9/3/2013
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
After you have married your US citizen girlfriend, she can petition for you on form I-130 and you can apply for adjustment of status concurrently on form I-485 with USCIS. You do not need to return home to apply for a fiancee visa. If your application is approved, you will be granted residency status and can stay in the US legally. It's currently taking USCIS about 4-6 months to process the application before calling you and your future wife in for an interview.
Answer Applies to: Texas
Replied: 9/3/2013
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
Yes. You can stay, marry and apply for your green card. The process takes about 3 months from start to finish. Consult with an experienced immigration attorney before getting married.
Answer Applies to: California
Replied: 9/3/2013
Law Offices of N.J. SAEH PC | Noel J. Saleh
You can get married and file without leaving the USA. Despite the visa being valid, you are out of status. But since you are marrying a USC that will not prevent you from adjusting your status in the USA. Leaving will only present problems and possible delays.
Answer Applies to: Michigan
Replied: 9/3/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You can apply for a green card without having to leave the U.S. once you got married. The marriage itself will not provide you immigration status that allows you to remain in the U.S. It does matter for your green card application if you no longer attend school as long as you do not leave the U.S.
Answer Applies to: California
Replied: 9/3/2013
    Herrera & Juelle LLP | Carlos Juelle
    If you entered the US legally on a student visa, even though you are no longer attending school, you can marry your US citizen girlfriend, she can petition for you, and you can get your lawful permanent residency without leaving the US.
    Answer Applies to: California
    Replied: 9/3/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You can remain in the U.S. while the application for adjustment of status is pending. The process takes about 6 to 8 months.
    Answer Applies to: New York
    Replied: 9/3/2013
    Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
    If you entered the US legally then you can adjust status in the US if your spouse is a US Citizen and you do not need to leave. It is always best to apply before your F-1 visa is terminated.
    Answer Applies to: Minnesota
    Replied: 9/3/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    You should be able to adjust status here.
    Answer Applies to: Michigan
    Replied: 9/3/2013
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