F1 visa student dropping classes

[siebela 0]

hi everybody,

I'm Austrian and entered the U.S. on an F1 visa.

I attended a College in Virginia for a year, and then we had to move, because of my boyfriends job.

I changed schools to be able to come with him and got a new I-20 issued.

The situation right now is that after the first week of class, I realized that I don't want to attend this school, because I don't feel comfortable there and don't see why I should spend so much money each semester and then do not even like going there.

The time line to drop classes without paying a fee is February 7th, so pretty soon!

We have been together for more than 2 years now and already talked about getting married before.

My questions are:

How long am I allowed to stay after I dropped out of school?

Do I need to leave the country immediately?

Would it anyhow help if we get married before February 7th?

Does it make sense if I leave the country, come back on my visitor visa (B1/B2) and then get married, or will this actually cause issues?

An international advisor at my school told me that if I get married when I'm in the States on my visitor visa, it will very likely cause certain issues and therefore make everything a lot more difficult. I don't know what to think about his advice!

Or can I just adjust my status from F1 to B1/B2? Where would I do that? How long does that take?

I really don't want to risk not being able to come back in case I have to leave the country!

Furthermore, I also want to prevent breaking any immigration rules and get kicked out of the country and banned for a few years.

Thanks a lot for your help!

[YuAndDan 153]

Can remain in the USA for 60 days after dropping classes.

F-1 student - An additional 60 days, to prepare for departure from the U.S. or to transfer to another school.

http://travel.state.gov/visa/temp/types/types_1268.html#14

I would marry now, and simply file to adjust status.

Start with this guide: http://www.visajourney.com/content/i130guide2

[canadian_wife 1,822]

http://travel.state.gov/visa/temp/types/types_1268.html#13

A lot of your answers can be found in the FAQ section of the link above (specifically the changing to a B-2 visa)

You're going to want to speak to your DSO about dropping out of school. If you do drop out, you violate the terms of your visa. You want to make sure everything is OK BEFORE you drop out of school.

Since we don't know the status of your F-1 visa (since you didn't tell us nor you may not know) go speak to your DSO to find out the limitations of your current visa

Good luck

[siebela 0]

thanks for your answers!

my advisor just told me that I will have 15 days after I dropped out of school. he mentioned that it doesn't look good if I leave the country and then reenter on my visitor visa with intentions to get married. It might mislead immigration and cause issues for me to because a permanent resident at the end.

I really don't want to violate the U.S. immigration laws, and consequencly my B1/B2 visa be voided.

so if I marry now (before I drop out of school) can I just stay in the country and be out-of-status?

What happens if I never get approved for a GC? I assume that when I try to travel to my home country, I won't be able to come back to the Stats, right?

[YuAndDan 153]

thanks for your answers!

my advisor just told me that I will have 15 days after I dropped out of school. he mentioned that it doesn't look good if I leave the country and then reenter on my visitor visa with intentions to get married. It might mislead immigration and cause issues for me to because a permanent resident at the end.

I really don't want to violate the U.S. immigration laws, and consequencly my B1/B2 visa be voided.

so if I marry now (before I drop out of school) can I just stay in the country and be out-of-status?

What happens if I never get approved for a GC? I assume that when I try to travel to my home country, I won't be able to come back to the Stats, right?

For the most part AOS from a student visa is not a problem, your intention on entry to the USA on F-1 was to go to school, which you have been doing.

I would simply marry and file to adjust status. Your status will be AOS pending and will not accumulate out of status time while waiting for AOS to be processed. Also file I-131 with the AOS for a travel document, this will allow you to leave and then return to the USA while AOS is being processed, no visa needed.

[Harpa Timsah 13,258]

If you want to stay in this country based on a marriage to a USC, then there is no need to leave and enter again on a different visa. Furthermore, that is visa fraud, because at the border, you would have intent to immigrate on a non-immigrant visa. You are already here now, so you can adjust to permanent resident based on a marriage to a USC and change from your F-1 visa status. A couple of things to know if you plan to do this. You will not be able to leave the country at all for a few months, until you get a temporary travel document called Advance Parole. Your GC should be approved as long as you are admissible and have a real relationship. Any overstay is forgiven for spouses of USCs, but it is best to marry now and get your paperwork out as soon as possible. Overstaying a few days is still definitely better than leaving and entering on a B-2 visa with intent to immigrate. Once your paperwork is initially accepted, you will be in a NEW period of authorized stay and will not be out of status. Stay here and file asap. Good luck.

Edited January 26, 2011 by Harpa Timsah

[siebela 0]

Thank you very much for your advice!

I see what you are saying, I will definately not leave the country and reenter on the B2 visa.

We will try to get everything done asap.

Thanks again!