marriage with an international student

[ale25 0]

Hello everybody. I married my boyfriend the last month. He is an international student from Peru and has been studying here for about 2 years and a half. We have been together almost 3 years . I got here on may and I got the citizenship status through my father. We hired an attorney to help us with the applications and everythin, and we sent the papers last week. Today we went to the academic counselor in his college and she told us that our marriage doesnt affect his status. His visa and his I20 will expire in december. She told us that until he doesnt get the green card the only legal way to stay here is as an international student. We dont have money to pay school based on an out-of-state rate and we want to know if this explanation was true. She also told us that we have to wait a year after he gets his green card to get the in-state rate. So pretty much she told us that he will have to leave if he doesnt renew his I20 and keep studying as an international student next semester. I knew that as long as you prove that you have been resident in FL for at least 12 months or marry a FL resident you can get the in-state rate. What worry us the most is that if we dont pay this next semester he will be out of legal status according to the counselor said. So I was wondering if this is true and also what would be a solution if we cant pay school next semester. Thank you.

[Ling Ling 22]

If he entered the country legally, and is currently in status, and you have a bona fide marriage,

you should be able to file for an Adjustment Of Status (AOS).

Please see the Guides (linked at top of this page) for information on the process.

I have no idea about being able to pay in-state fees, but common sense says if you've got a GC,

and are married to a USC, and live in state, there should be no waiting period.

Good Luck, and please fill in your timeline.

[EstebanTrabajos 7]

Hello everybody. I married my boyfriend the last month. He is an international student from Peru and has been studying here for about 2 years and a half. We have been together almost 3 years . I got here on may and I got the citizenship status through my father. We hired an attorney to help us with the applications and everythin, and we sent the papers last week. Today we went to the academic counselor in his college and she told us that our marriage doesnt affect his status. His visa and his I20 will expire in december. She told us that until he doesnt get the green card the only legal way to stay here is as an international student. We dont have money to pay school based on an out-of-state rate and we want to know if this explanation was true. She also told us that we have to wait a year after he gets his green card to get the in-state rate. So pretty much she told us that he will have to leave if he doesnt renew his I20 and keep studying as an international student next semester. I knew that as long as you prove that you have been resident in FL for at least 12 months or marry a FL resident you can get the in-state rate. What worry us the most is that if we dont pay this next semester he will be out of legal status according to the counselor said. So I was wondering if this is true and also what would be a solution if we cant pay school next semester. Thank you.

Complete and sovereign Bullsh!t! He can stay in the US since his status has changed from intl. student to foreign spouse adjusting status. Don't worry ale, that advisor is out of his/her mind. I would advise to go back and let her/him know that what he/she said is completely wrong. Your husband has the right to stay "legally" in this country (he cannot leave the US unless he receives his Advance Parole or Green Card though) but he can stay as long as he is married to you and his case is being reviewed by USCIS.

That's correct, he has to wait one year to be able to pay in-state, don't know about the part regarding marriage to a FL resident though.

Edited October 15, 2008 by GueraYTavo

[Frazell Thomas 0]

Hello everybody. I married my boyfriend the last month. He is an international student from Peru and has been studying here for about 2 years and a half. We have been together almost 3 years . I got here on may and I got the citizenship status through my father. We hired an attorney to help us with the applications and everythin, and we sent the papers last week. Today we went to the academic counselor in his college and she told us that our marriage doesnt affect his status. His visa and his I20 will expire in december. She told us that until he doesnt get the green card the only legal way to stay here is as an international student. We dont have money to pay school based on an out-of-state rate and we want to know if this explanation was true. She also told us that we have to wait a year after he gets his green card to get the in-state rate. So pretty much she told us that he will have to leave if he doesnt renew his I20 and keep studying as an international student next semester. I knew that as long as you prove that you have been resident in FL for at least 12 months or marry a FL resident you can get the in-state rate. What worry us the most is that if we dont pay this next semester he will be out of legal status according to the counselor said. So I was wondering if this is true and also what would be a solution if we cant pay school next semester. Thank you.

Complete and sovereign Bullsh!t! He can stay in the US since his status has changed from intl. student to foreign spouse adjusting status. Don't worry ale, that advisor is out of his/her mind. I would advise to go back and let her/him know that what he/she said is completely wrong. Your husband has the right to stay "legally" in this country (he cannot leave the US unless he receives his Advance Parole or Green Card though) but he can stay as long as he is married to you and his case is being reviewed by USCIS.

That's correct, he has to wait one year to be able to pay in-state, don't know about the part regarding marriage to a FL resident though.

Relax The counselor probably doesn't know immigration law that in depth and only knows he has to still be a student to have a valid student visa

[ale25 0]

Thank you guys for your help. I guess all we have to do is wait now. We are pretty nervous with all these things that's why we hired the attorney. We pretty much know anything about the procedures, so I will really appreciate if you can help us out a little bit. The attorney told us to wait a couple of weeks til we get the "receipts" and after that in a couple of months to get his social and the work permit. Is that rite? What comes after that? Is there anything we need to prepare for the interview?. I guess we may have to go to see another person in his school since that counselor gotta be outta her mind to tell us something like that.Before I forget...he is not forced to renew his I20 isnt he?..cuz that lady wanted to do that..but we refused.

[tanyaru 3]

Hello everybody. I married my boyfriend the last month. He is an international student from Peru and has been studying here for about 2 years and a half. We have been together almost 3 years . I got here on may and I got the citizenship status through my father. We hired an attorney to help us with the applications and everythin, and we sent the papers last week. Today we went to the academic counselor in his college and she told us that our marriage doesnt affect his status. His visa and his I20 will expire in december. She told us that until he doesnt get the green card the only legal way to stay here is as an international student. We dont have money to pay school based on an out-of-state rate and we want to know if this explanation was true. She also told us that we have to wait a year after he gets his green card to get the in-state rate. So pretty much she told us that he will have to leave if he doesnt renew his I20 and keep studying as an international student next semester. I knew that as long as you prove that you have been resident in FL for at least 12 months or marry a FL resident you can get the in-state rate. What worry us the most is that if we dont pay this next semester he will be out of legal status according to the counselor said. So I was wondering if this is true and also what would be a solution if we cant pay school next semester. Thank you.

It depends on rules of school. Find out if person is eligible for in-state tuition after marrying a resident of of the state. If so then the minute he receives his greencard he is eligible. If that lady will disagree report her to appropriate services.

[mellowgeorge 1]

I'm currently on F-1 (OPT). The only way to be in F1 status would be to be enrolled (full-time, I think). If you don't enroll, you are then out-of-status for the F-1. If you file the AOS early enough before the semester ends, then your husband's F-1 status will end (assuming you don't re-enroll) and would then be in 'AOS' status (which is like immigration limbo).

The only downside to not keeping the F1 in status is that, in case the adjustment of status becomes denied, your husband would now be required to leave the country as he cannot fall back on the F-1 status anymore.

Also, did he finish his degree? Because F-1 are allowed 1 year of optional practical training i.e. you can legally work for one year (thus staying in the US for one year). I know that the fees for the adjustment of status covers for employment authorization application while the AOS is pending. I don't know how simultaneous EAD applications (the other for the F1 OPT) would work out.

good luck.

I'm sure that the international student advisor just wasn't familiar and didn't mean any harm. On the other hand, when I called USCIS to ask about an F-1 adjusting to permanent resident based on marriage, the person did tell me that I had to leave the country and wait for approval outside the US (which I knew was BS). This time around, my international student advisor was the one who told me that a lot of F-1s adjust to permanent residents while they're working via the OPT and not have to leave the country.

Edited October 15, 2008 by mellowgeorge

[ale25 0]

I'm currently on F-1 (OPT). The only way to be in F1 status would be to be enrolled (full-time, I think). If you don't enroll, you are then out-of-status for the F-1. If you file the AOS early enough before the semester ends, then your husband's F-1 status will end (assuming you don't re-enroll) and would then be in 'AOS' status (which is like immigration limbo).

The only downside to not keeping the F1 in status is that, in case the adjustment of status becomes denied, your husband would now be required to leave the country as he cannot fall back on the F-1 status anymore.

Also, did he finish his degree? Because F-1 are allowed 1 year of optional practical training i.e. you can legally work for one year (thus staying in the US for one year). I know that the fees for the adjustment of status covers for employment authorization application while the AOS is pending. I don't know how simultaneous EAD applications (the other for the F1 OPT) would work out.

good luck.

I'm sure that the international student advisor just wasn't familiar and didn't mean any harm. On the other hand, when I called USCIS to ask about an F-1 adjusting to permanent resident based on marriage, the person did tell me that I had to leave the country and wait for approval outside the US (which I knew was BS). This time around, my international student advisor was the one who told me that a lot of F-1s adjust to permanent residents while they're working via the OPT and not have to leave the country.

Thank you I will get an appointment with the supervisor..but I will wait to get the receipts before going.

[Ling Ling 22]

As said before...if his entry was legal and you have a bona fide marriage, he can apply for Adjustment of Status.

Unless you have extremely extenuating circumstances, there's not much an attorney can do except slow the process and lighten your bank account. If you've paid a flat fee for visa service, chuck it up to experience. If you're paying hourly,

shut off the money faucet now. All the forms and info you need for a typical AOS process can be found in the Guides.

For a typical process, the attorney will provide the forms which YOU must fill in...the attorney may review and mail the forms...the attorney will treat your case with the same priority as ALL of her other cases...and in many cases, the attorney will have less knowledge about the process and current trends, than you will after spending a couple of hours in the Guides and WIKI here.

Good Luck

[angelike31 0]

I'm also on the same boat. I have an F-1 visa and have filed for my aos. I'm thinking of taking a break from school next year since we can no longer pay the ridiculous international student rates. I have depended on my student loan the last year but I've recently found out that the private loan I was getting no longer offered it to international students.

My college also told me that for me to be classed as in state resident I have to wait a year after I got married before I can start paying normal rates. My husband and I are thinking of relocating to another city and was just waiting for my EAD & AP to arrive which should be Dec 08' so we could both work to save up for my college tuition. Now I'm a little worried that if I don't register next semester I'll be breaking my F1 status and might not look good when I go to my interview. Also my passport expires this December and want to know if I need a valid passport to take with me to the interview??

I'm currently on F-1 (OPT). The only way to be in F1 status would be to be enrolled (full-time, I think). If you don't enroll, you are then out-of-status for the F-1. If you file the AOS early enough before the semester ends, then your husband's F-1 status will end (assuming you don't re-enroll) and would then be in 'AOS' status (which is like immigration limbo).

The only downside to not keeping the F1 in status is that, in case the adjustment of status becomes denied, your husband would now be required to leave the country as he cannot fall back on the F-1 status anymore.

Also, did he finish his degree? Because F-1 are allowed 1 year of optional practical training i.e. you can legally work for one year (thus staying in the US for one year). I know that the fees for the adjustment of status covers for employment authorization application while the AOS is pending. I don't know how simultaneous EAD applications (the other for the F1 OPT) would work out.

good luck.

I'm sure that the international student advisor just wasn't familiar and didn't mean any harm. On the other hand, when I called USCIS to ask about an F-1 adjusting to permanent resident based on marriage, the person did tell me that I had to leave the country and wait for approval outside the US (which I knew was BS). This time around, my international student advisor was the one who told me that a lot of F-1s adjust to permanent residents while they're working via the OPT and not have to leave the country.

[ale25 0]

hey guys today was his biometrics appintment it was really quick about 15 minutes..What is next? I guess is the interview letter right?thank you