Do I still have to be a full time student if I am getting married and going to apply for a green card soon? 4 Answers as of April 04, 2014

I am finishing my community college in June and transferring to university in the fall. But I am getting married and will start my application as soon as possible which means by the time I enroll in university, my status will be pending. Does that mean I still have to be a full time student? If I am not, can that be the reason my interview is denied and can I pay in state tuition? I have been leaving in California for the last 5 years. Thank you so much!

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Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You should be fine regardless of your student status issue when you are applying for a green card through a marriage to a US citizen. Just make sure not to travel outside the US until after you have either a travel permit or green card.
Answer Applies to: California
Replied: 4/4/2014
Law Offices of Linda Rose Fessler | Linda Fessler
You will have to continue to go to school or you will have to return to your home country while petition is being processed.
Answer Applies to: California
Replied: 4/4/2014
Coane and Associates
Coane and Associates | Bruce Coane
That's a common question actually. Since 9/11, the government is following students much more closely, and when a student fails to enroll, they sometimes pay a visit to the student, and in some cases, they arrest the student for being out of status. It's always good to remain in legal status, as a general rule.
Answer Applies to: Texas
Replied: 4/4/2014
Alena Shautsova
Alena Shautsova | Alena Shautsova
If you are marrying a US citizen, you do not have to.
Answer Applies to: New York
Replied: 4/4/2014
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