Kersey, CO Immigration Law Firms & Lawyers

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.

When applying for naturalization, you must put down on the N-400 form any citations or offenses that you have ever received. Not only are you to write them all down, but many U.S.C.I.S. officers would prefer to see some proof that the tickets were satisfied. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Generally, a U.S. Citizen may petition for a spouse to adjust status to become a Lawful Permanent Resident (to get a "Green Card") if the spouse entered the U.S. lawfully and with inspection, even if he may have overstayed his visa or worked without authorization. The immigration forms that must be filed include a Petition for Relative Alien, an Application for Adjustment of Status, biographical information forms, the petitioner's Affidavit of Support (if the petitioner's income is insufficient, then an Affidavit of Support from a joint sponsor will be needed too), medical examination results, birth certificates, marriage certificate and evidence of the bona fide nature of the marriage. In some instances, other documents will be needed too (such as an applicant's naturalization certificate, if applicable; divorce decrees for either or both parties, if applicable; certified arrest disposition documents, if applicable; tax returns and sometimes other evidence relating to the petitioner's income; etc.). Proper completion of a marriage-based immigration application can be more complex than meets the eye. Errors or omissions, including failure to properly supply all applicable documents, can lead to very significant delays or even denials (and where the foreign national already is out of status, that presents additional risks). It would be wise to work with an immigration attorney who can review all circumstances relating to you and your husband in detail, and help prepare the most persuasive application package. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.