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F-1 Visa, 60 Days Grace Period, Marrying a U.S. Citizen

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  • 03-22-2013, 12:14 PM
    ralitzat
    F-1 Visa, 60 Days Grace Period, Marrying a U.S. Citizen
    Hello!

    I would really appreciate if anyone could help me find a solution to my situation.
    I'm currently on F-1 Visa but finished my Post-OPT couple of days ago. So, I'm still in the USA using my 60 days grace period.
    Me and my fiancé will be marrying a week from now. I know about that we could fill out I-130 and I-485 so that we could stay together after the 60 days grace period ends. BUT, we can't do so. I held previously a J-1 Visa with the 2 years home residence requirement and only fulfilled 5 months in my home country. So, we cannot file I-485 for Adjustment of Status. My questions are:

    1. After we marry, what is happening to my 60 days grace period? Do I still have a permission to be in the USA without filling out any other forms (I-130, etc.)
    2. When should I leave the USA? What is my status after I marry my fiancé?

    It is such a difficult situation and I don't want to be unlawfully present in the USA. I know that my F-1 status cancels out once I marry. But at the same time, I cannot adjust my status by filling out I-485. Do I still have these 60 days to stay in the USA?

    Please help me! Thank you!
  • 03-22-2013, 01:58 PM
    mihamih
    Re: F-1 Visa, 60 Days Grace Period, Marrying a U.S. Citizen
    Look into getting a waiver. You should have done this a long time ago.... They may not process it within the 60 days now...

    http://travel.state.gov/visa/temp/info/info_1296.html

    I'd call INS (or whatever they are called now) and ask them.
    If you don't get a good answer from INS and barring getting a better answer from someone else here, I suggest you talk to an immigration lawyer in your area before you buy a ticket for your home country...

    - - - Updated - - -

    Up until several years ago, they weren't giving people who married a hard time if they stayed past their allowed time and were never deported. But something like this could change. An active immigration lawyer should know.
  • 03-22-2013, 02:21 PM
    ralitzat
    Re: F-1 Visa, 60 Days Grace Period, Marrying a U.S. Citizen
    Thank you for your respond!
    Yes, I know, I should have done the waiver a long time ago... I'm not sure if I could get it, though.
    I'm mainly worried about marrying during my 60 days grace period now and if I'll be in lawful presence in the USA while I still have remaining days (without filling out I-130, etc.). I will definitely not want to stay beyond the 60th day, but just worry if I'm even able to stay for the remaining days. ...It'll be so hard to leave my love and without knowing when I'll be able to come back to the States again.
    ...I read so many forums but didn't find any information about what happens to these 60 days grace period if you marry but can't even fill out I-485 to adjust status because of having a previous J-1 (2 years HRR). I don't know if I'll be legal or not. Consulting an attorney will be definitely the best option although so expensive.
    I hope to be able to collect some more information about what we could do before going to an attorney.

    Thank you for your help!
  • 03-22-2013, 04:31 PM
    T53147
    Re: F-1 Visa, 60 Days Grace Period, Marrying a U.S. Citizen
    You can remain lawfully for the full 60 days. Marriage does not automatically void your visa and status. A consultation with an attorney to assess your chances of a waiver will not be terribly expensive; some offer a free or discount consultation to review your issues.
  • 03-22-2013, 06:22 PM
    ralitzat
    Re: F-1 Visa, 60 Days Grace Period, Marrying a U.S. Citizen
    That's great news, then. This was the first thing we were worried about. At least, I can stay during the end of the grace period and not risk any bans in the future for being out of status or with unlawful presence here. Thank you for your help!
    In the worse case, I will have to leave the country when the grace period ends and see what we could do to come back again. Any ideas on that? If I go back to fulfill my 2 years HRR, should we still fill out I-130 while I'm still here?
    I will research about free/discounted consultations with attorneys to see what options we have...

    Thanks a lot!
  • 03-22-2013, 06:40 PM
    mihamih
    Re: F-1 Visa, 60 Days Grace Period, Marrying a U.S. Citizen
    Read the link I posted before on how to get a waiver. This is not hard to get. You can apply under the "No Objection Statement." Someone in your country's consulate will have to sign that they "don't object" but this is about it. And yes it's your country that has to agree (don't ask me why!). With some luck (it says processing time is 6-8 weeks), you may get it before your time runs out and you won't have to leave at all!
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