Legal Question in Immigration Law in Hawaii
I have a f1 student visa and want to know if there is a minimum amount of time I have to wait until I can get married to my girlfriend. Can I change the status of my f1 without leaving the US? How do we go about doing that?
3 Answers from Attorneys
What minimum amount of time do you mean?
Yes, you can marry and apply for adjustment of status (green card), provided that your wife is a US citizen, she can sponsor you, and you are not in removal/deportation proceedings.
I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.
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Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.
The general rule of what's called "preconceived intent" is based on a 30/60/90 day rule. That is, if you filed for your residence within 30 days of your first entry as an F-1, your intent could be likely and you could be denied. If you filed within 60 days of the first entry, it may be presumed. After 60 days may be sufficient, depending on other factors.
To better understand and to make sure you qualify and can apply to adjust your status to permanent residence (which does not require you to depart), please contact me for more information.
Sincerely,
You may find detailed information on this issue as well as the adjustment of status process here:
http://www.msclaw.com/index.php?mact=News,cntnt01,detail,0&cntnt01articleid=3&cntnt01returnid=71
http://www.msclaw.com/Green_Card_for_Spouse.html
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