My friend on student visa and marriage:questions

[macadamias 1]

Hi guys, my friend K has been dating her bf V since 2009 and she was on student visa. They decided to get married a few weeks ago (civil wedding).

Anyway she asked me to ask here if its ok to stop attending her classes? The reason is because they are moving to a different state. Can she stop attending her classes now that is married? Thank you. I posted this here in the Philippines forum because a lot of you guys here know the rules well and share your thoughts and ideas to everyone needing help.

[Hank_ 9,174]

Its a STUDENT visa, just because she is married doesn't give her rights to stay in the United States, as you know there is a whole process to go through to accomplish that, I am not up on the details of how to do that being married. Don't know the rules for the student visa but I am sure attending classes would be one of them.

[sunandmoon 450]

I would consult an immigration attorney to make sure things are done the right way.

[Ontarkie 14,221]

~~~Moved to Student & Exchange Visitor Visas from the Philippines forum since you do need specifics about student visa~~~

[jimmynug 13]

Ok first off, your friend's husband needs to file an I-130 to adjust her to a permanent resident status. The requirement, besides proving a bona fide marriage, is that your friend entered the U S legally, is not currently in deportation hearing, etc. There is no requirement that she still be in the U S legally, just that she entered legally and there are currently no proceedings again her., and she did enter legally. Now the big question is when does her present visa expire? If it expires before the petition is approved, then technically, she is illegal, but that won't effect the status of the I-30 petition. If it doesn't expire until after the petition is approved, then everything is fine. So to answer your question, no she doesn't have to keep going to school to get the petition approved, but if the visa is expired, then technically, she would be here illegal.

[jaycali 415]

Hi guys, my friend K has been dating her bf V since 2009 and she was on student visa. They decided to get married a few weeks ago (civil wedding).Anyway she asked me to ask here if its ok to stop attending her classes? The reason is because they are moving to a different state. Can she stop attending her classes now that is married? Thank you. I posted this here in the Philippines forum because a lot of you guys here know the rules well and share your thoughts and ideas to everyone needing help.

NO. Being married to a US citizen alone gives her absolutely no special status in the US. She is still on a student visa, and will be out of status the moment she stops attending classes. Being out of status could land her in removal proceedings whether or not she's married.

Being married to a US citizen does give her the option to file for adjustment of status - a process in which she can legally adjust status from student to permanent resident. Once her and her husband file for adjustment of status, she can abandon her student status, and remain lawfully in the country while the process is ongoing (give it about 6 months).

Here's what they do:

1. File form I-130, I-485, I-751 (optional - allows her to work once approved) and I-131 (optional - allows her to travel once approved) at the same time.

2. Wait.

3. Receive work authorization/travel authorization.

4. Go to adjustment of status interview.

5. Receive green card.

Edited October 5, 2012 by jaejayC

[jimmynug 13]

Actually, if she is on an F-1 visa, she will not be out of status for 60 days past when she stops attending classes. An M-1 is given 30 days after they stop attending classes before they are out of status. So if they submit the I-130 within this 30-60 day period of her quitting school, everything is fine and YES she can stop attending classes.