Do I need to leave US after I married to US citizen and my student visa expires? 13 Answers as of October 08, 2013

I just got married with US citizen and I have F1 student visa. After 20 days, I will be overstaying because I lost my scholarship. I can't go to school anymore. My visa will expire in 2016. Can I apply for green card? I heard that the fee for the green card is $1500. Is that right? Can I stay in US while I am waiting for my green card?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, you will be eligible to adjust status to permanent residence (green card) on the basis of marriage to a US citizen within the US and will not have to go back to your home country. The USCIS filing fees for this are $1490. If you are working with an attorney, there will also be legal costs.
Answer Applies to: California
Replied: 10/8/2013
Mulder Law office, PA
Mulder Law office, PA | Kyndra L Mulder, Esquire
No you do not need to leave. Your spouse needs to file an Alien Relative Petition for you and you - at the same time - need to file an application to adjust status. This should be done immediately. Currently the process is moving quickly and you may have your green card in approximately 5 months.
Answer Applies to: Florida
Replied: 10/8/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You can remain in the United States once you applied for adjustment of status based on your marriage.
Answer Applies to: California
Replied: 10/7/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
You do not need to leave the US, you can wait for your green card here. Falling out of status will not make you ineligible for adjustment of status. The filing fees for the forms you need to file amount to $1480.
Answer Applies to: New York
Replied: 10/7/2013
Immigration Law Offices, LLP
Immigration Law Offices, LLP | Fakhrudeen Hussain
You can stay in the US and apply for Green Card through your US citizen spouse. You do not have to leave the country, The USCIS fee to apply for the petition and the Green Card is $1490.
Answer Applies to: California
Replied: 10/7/2013
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    You can stay and apply for your green card without needing to leave. The fee is $1490.
    Answer Applies to: California
    Replied: 10/7/2013
    Law Office of Justin G. Randolph
    Law Office of Justin G. Randolph | Justin G. Randolph
    Yes you can stay and apply for a greencard. You will have to pay $1490.00 and attorney's fees if you hire one. Which is recommended.
    Answer Applies to: Illinois
    Replied: 10/7/2013
    LAW OFFICES OF S. OUYA MAINA | SAMUEL OUYA MAINA
    You may stay and process the Green Card. You also need to add for the cost of the civil surgeon medical exam.
    Answer Applies to: California
    Replied: 10/7/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You and your spouse can begin the green card process. The filing fee for a marriage-based adjustment of status case is $1,490.00. You will be able to remain in the U.S. while the petition is pending.
    Answer Applies to: New York
    Replied: 10/7/2013
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Yes. It appears as if you are eligible for adjustment of status through marriage to a US citizen. Your wife can petition for you on form I-130 and you can concurrently apply for adjustment of status on form I-485 while you remain in the US. The total filing fee will cost you $1,490.
    Answer Applies to: Texas
    Replied: 10/7/2013
    Vladimir Parizher
    Vladimir Parizher | Vladimir Parizher
    Your US citizen spouse needs to petition for you via I-130 immediately. With this petition, you can file also for adjustment of status, work permit, etc. Your spouse must file an affidavit of support. While petition is pending and you have notice of acceptance of your petition, you may stay and wait for the decision. If petition is approved and all documents are submitted and accepted, you will adjust the status to a permanent resident. Also, if you file a request for authorization to work, within 90 days you will receive authorization to work. You need to act quickly. Adjustment of status currently is $1,070.00. But also, you spouse/citizen must pay for I-130.
    Answer Applies to: California
    Replied: 10/7/2013
    Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. | David Nachman
    You wrote Question: Do I need to leave US after I married to US citizen and my student visa expires? RESPONSE: Generally you do not have to do that. If you filed for Adjustment when you were in the U.S. and "in" status you can stay in the U.S. while the I-130/AOS case is pending. YOU WROTE: Question Detail: I just got married with US citizen and I have F1 student visa. RESPONSE: Congrats on your recent nuptials. You wrote: After 20 days, I will be overstaying because I lost my scholarship. I can't go to school anymore. My visa will expire in 2016. Can I apply for green card? RESPONSE: If you were "in status" at the time you filed your AOS case then you can stay in the U.S. until the case is processed. YOU WROTE: I heard that the fee for the green card is $1500. Is that right? Can I stay in US while I am waiting for my green card? RESPONSE: You should check the website for the fees for the submissions you will be making. In general, folks who filed for the I-130 and I-485 when they are in-status can stay in the U.S. There are nuances to this however and it is recommended that you enlist a competent legal practitioner to guide you with regard to this matter.
    Answer Applies to: New Jersey
    Replied: 10/7/2013
    Law Office of Eric Fisher | Eric Fisher
    Your spouse should file an I-130 petition the same time you file the I-485 adjustment of status application. The filing fees are $1490 for the two together. If you file an I-131 application for advance parole, you can travel if it is approved while the adjustment application is being processed. Otherwise, you should stay in the US even after your F1 status expires, until the adjustment is approved.
    Answer Applies to: Colorado
    Replied: 10/7/2013
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