change of status and apply green card through marriage

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Latest post 12-18-2012 6:44 PM by Andrew MacDonald Wilson. 2 replies.
  • 11-18-2012 9:20 PM

    • doug12211
      Consumer
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    • Joined on 11-19-2012
    • TN
    • Posts 1

    change of status and apply green card through marriage

    hi.

    i filled out i539 for convert f-1 to m-1 few months ago, and i got a RFE letter. while i preparing the documents what they ask for, i have some questions. i will marry with my girl friend after she obtain the citizenship (she got a schedule for test). is there any disadvantage or affect to apply green card through marriage if the USCIS deny my i539 case (after i responeded the RFE)?

    thank you

     

  • 12-18-2012 6:44 PM In reply to

    Re: change of status and apply green card through marriage

    Even if your change of status request is denied, you may still be eligible to pursue a green card from within the U.S. based on marriage to a U.S. citizen.  It is true that while most individuals who are here as overstays and/or have fallen out of status are ineligible to obtain permanent resident status from within the U.S., this is not the case if you are applying for permanent resident status based on marriage to a U.S. citizen. 

    This is generally known as the adjustment of status process and requires filing the I-130, I-485, I-765 (work permission), I-131, I-864 affidavit of support, I-693 medical etc. 

    You may wish to have your specific case reviewed by an experienced immigration attorney.

    Regards,

    Andrew M. Wilson, Esq.

    Serotte Reich Wilson, LLP

    www.srwlawyers.com

    awilson@srwlawyers.com

     

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