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Immigration Issues/Wedding with Change of Status Pending


I have been working in the US for the last 5 years on H-1. I want to pursue my MBA. Hence I have enrolled in a full time Kaplan class to prep myself for the admission. To do this I was advised by Kaplan to file form I-539 (for change of status to F-1) before coming to the program and I only quit my job after I received the receipt to prevent being out of status. The application is currently pending while I attend the program.

In the meantime my fiancee (US Citizen) and I due to personal circumstances have realized that we want to get married very soon. Would this be advisable to do with my change of status pending? If we do get married can I just file I-130/I-485 while my I-539 is pending? Also, no where on the i-539 was i asked if my fiancee was a US citizen. Would the INS view voluntary non-disclosure of this information as a breach?  

If you get married to a US citizen and file all of the adjustment of status documents, you would be on adjustment pending status.  You could file for an EAD card and work where you wanted or you could go to school even if you did not have an F1 visa.  

Note:  If you file for an adjustment of status, you would not be eligible for an F1 visa as a student visa is given only to individuals who do not have immigrant intent.  By filing for the I-130/I485 you would be showing immigrant intent and therefore not eligible for the visa.  This probably should not matter as long as you are in a valid marriage and have accurately filed the Adjustment paperwork.

Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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