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Miri & Chris

Should I maintain my student status during Green-Card Application Process?

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Filed: AOS (pnd) Country: Germany
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I need help!

My husband and I got married on August 15,2010 and are starting the Green-Card Application Process for me now, together with a lawyer.

I came here as a student but because of all the stress with the wedding planning I decided not to apply to a four-year school just yet and wait until the next spring semester to do so, to allow me some time to save some money and to focus on my green-card application.

The problem is my international student advisor from my community college, which I attended for the last two years, called me today saying that she has to terminate my status if I don't register at any college by tomorrow. Is the immigration office going to send me home if I don't maintain my student status?

Does anyone have an answer or some experiences to help me? I'm freaking out right now :/

Thank you,

Miri

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Don't worry. If you don't enroll in a college then your student status will be terminated, that is correct. You will be out of status until you send in your AOS paperwork based on your marriage (and it is initially accepted, about 1 week after you send it in). Then you will be legal again and your "out of status time" will be forgiven. Or, send off your AOS paperwork right away so you are never out of status if it worried you. Good luck!

PS if you have a lawyer, why isn't he/she answering these questions... You are paying them! :)

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: AOS (pnd) Country: Germany
Timeline

Thank you for your fast response!

I did ask her and she said that it shouldn't be a problem but she didn't sound certain enough to me. Maybe I'm just freaking out.

I'm sending a whole lot of documentation, including photos, G-325, Marriage Certificate, etc. to her. Is that what you refered to as AOS paperwork?

Thank you again!

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If by "her" you mean your lawyer, then yes, that is some of the paperwork for Adjustment of Status. She wasn't sure if what you were doing with your student visa was okay?

The AOS - Adjustment of Status paperwork is fairly straightforward... you don't need a lawyer at all. If your lawyer isn't sure what is going on, may I suggest firing her and doing it yourself or maybe getting a different one. It will save you save you lots of money and avoid lawyer delays. You could have sent all this paperwork off already and avoided being out of status at all.

Whatever you choose, good luck!

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: F-1 Visa Country: Thailand
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Wow, yeah, actually I got good information that I need from Herpa Timsah too. I just replied Miri's question on another post but that was before I saw this one. This is very a helpful information.

In my case, we won't hire a lawyer (I know we have to work hard on it that's why I'm doing research on the internet right now). Now I know that the first thing I need to do after we sign the marriage license & marry at the court is to file Adjustment of Status (AOS).......can anyone tell me what are those steps after the marriage license & marry at the court things? (I went on immigration website but there are so many things on there and I'm getting confused).

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  • 1 month later...
Filed: Citizen (pnd) Country: Mexico
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Hi maybe this is in the wrong place but how hard is it to get a student visa? My brother (20) lives in Mexico and I would like him to study here in California (community college) he was here illegally when he was younger. Thanks for your help

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