H1B --> Marrying US citizen --> Student

[lembeh 0]

Hi I currently hold an H1B visa and am taking some classes (part-time) at a local university to prepare for graduate school and apply for Fall 2008. My getting into graduate school depends upon me excelling in my current classes. Hence I am thinking of quitting my job. I dont want to apply for a student visa right away because Im not in a degree program now and besides just taking part time classes. Also my girlfriend (US citizen) and I are going to get married next summer.

Given my background .......As you can see that if I just quit my job therefore losing my H1 visa I shall be "illegally staying in the US". If I marry my girlfriend next year, will there be any issues when it comes to us filing for the 2 year temp greencard seeing that I will be considered as illegally living in the US?

[Heliosphan 1]

Hi I currently hold an H1B visa and am taking some classes (part-time) at a local university to prepare for graduate school and apply for Fall 2008. My getting into graduate school depends upon me excelling in my current classes. Hence I am thinking of quitting my job. I dont want to apply for a student visa right away because Im not in a degree program now and besides just taking part time classes. Also my girlfriend (US citizen) and I are going to get married next summer.

Given my background .......As you can see that if I just quit my job therefore losing my H1 visa I shall be "illegally staying in the US". If I marry my girlfriend next year, will there be any issues when it comes to us filing for the 2 year temp greencard seeing that I will be considered as illegally living in the US?

I'm not sure what you're asking. For you to apply for a student visa you need to leave the US. They only give out student visas at consulates abroad.

So you won't be here illegally unless you lose you H1B status some other way.

[EstebanTrabajos 7]

Hi I currently hold an H1B visa and am taking some classes (part-time) at a local university to prepare for graduate school and apply for Fall 2008. My getting into graduate school depends upon me excelling in my current classes. Hence I am thinking of quitting my job. I dont want to apply for a student visa right away because Im not in a degree program now and besides just taking part time classes. Also my girlfriend (US citizen) and I are going to get married next summer.

Given my background .......As you can see that if I just quit my job therefore losing my H1 visa I shall be "illegally staying in the US". If I marry my girlfriend next year, will there be any issues when it comes to us filing for the 2 year temp greencard seeing that I will be considered as illegally living in the US?

Well,

The only reliable option I see is to first get married, quit your job since you will be legally able to remain in the US since you are a foreign spouse waiting for a green card and start school. The fact that you just desobeyed your H-1 requirements can mark your file in a negative way to get the visa. Rules are rules and the proper order has to be followed if you don't want to encounters problems on the journey. Continue with those part-time classes and until you get your green card start graduate school, see it this way, you will be able to get financial aid if you are a permanent resident already.

----To the poster above, HE NEVER expressed a desire to apply for a student visa because he is "not in a degree program now and besides he is taking just part-time classes." What he wants to do is to quit his H1, stay illegaly in this country, take some part-time classes and then apply for a green card.

Edited August 7, 2008 by GueraYTavo

[EstebanTrabajos 7]

Hi I currently hold an H1B visa and am taking some classes (part-time) at a local university to prepare for graduate school and apply for Fall 2008. My getting into graduate school depends upon me excelling in my current classes. Hence I am thinking of quitting my job. I dont want to apply for a student visa right away because Im not in a degree program now and besides just taking part time classes. Also my girlfriend (US citizen) and I are going to get married next summer.

Given my background .......As you can see that if I just quit my job therefore losing my H1 visa I shall be "illegally staying in the US". If I marry my girlfriend next year, will there be any issues when it comes to us filing for the 2 year temp greencard seeing that I will be considered as illegally living in the US?

Well,

The only reliable option I see is to first get married, quit your job since you will be legally able to remain in the US since you are a foreign spouse waiting for a green card and start school. The fact that you just wants to disregard your H-1 requirements can mark your file in a negative way in order to get the green card. Rules are rules and the proper order has to be followed if you don't want to encounters problems on the journey. Continue with those part-time classes and until you get your green card start graduate school, see it this way, you will be able to get financial aid if you are a permanent resident already.

----To the poster above, HE NEVER expressed a desire to apply for a student visa because he is "not in a degree program now and besides he is taking just part-time classes." What he wants to do is to quit his H1, stay illegaly in this country, take some part-time classes, start graduate school and then apply for a green card but this is not the smart way it should be done.

Edited August 7, 2008 by GueraYTavo

[EstebanTrabajos 7]

----To the poster above, HE NEVER expressed a desire to apply for a student visa because he is "not in a degree program now and besides he is taking just part-time classes." What he wants to do is to quit his H1, stay illegaly in this country, take some part-time classes, start graduate school and then apply for a green card but this is not the smart way it should be done.

My bad, graduate school is after getting married but still, living illegally in this country is just not the right answer. An immigration officer won't see it with good eyes at all.