? asked in Politics & GovernmentImmigration · 1 decade ago

My cousin lost her F-1 visa, can she apply for the American green card based on marriage?

My cousin has a master's degree in America, but she was unable to find a job there. At that time she had a boyfriend in America but couldn't decide about the marriage. So she attended a community college, just to keep her student visa, so she could have more time to consider about the relationship. Actually the guy paid her tuition voluntarily. When they broke up, my cousin was so sad that she left America in the middle of the semester. However, after she came back, the guy regrets and seriously wants to marry her. Now my cousin and I just wonder whether she is eligible for American green card if she marries this guy. Since she lost her F-1 visa, is it possible that she won't get the permission to re-enter America?

Update:

The American guy wants to come to marry my cousin here. So it looks more helpful. Thanks!

8 Answers

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  • 1 decade ago
    Best Answer

    If he files a fiance petition for her, certainly she would be able to go. Would she get a tourist visa? hard to say, but if he wants to marry her now, he can act on that by filing a fiance petition for her as soon as possible, and based on what little you've said here, there's no reason why she shouldn't be able to go.

  • 4 years ago

    Your counselor is right. To be considered an in-state resident for tuition purposes, you have to first of all be a resident of a state for a year. So it will be one year from the day you become a resident ( the day you get your green card) before you are eligible for in-state rates. Plus you have to be living in your state for a purpose other than for school. Otherwise, everyone would be in-state for three of their 4 years in college. So one year after you graduate, if you stay in the state, you could go back for another degree as an in-state student.

  • 1 decade ago

    if she is not in the states and intends to marry this person, they can either file for a k-1 visa and get married here or he goes there and they get married and he files for his wife to come w/ him at the embassy.

    if she is already in the states on her invalid f-1, she is in trouble and should return to her home country before marrying the guy, otherwise i may look like she married him only to stay.

    if she can afford it, they should consult an immigration attorney

  • 1 decade ago

    She should be allowed to enter again on a fiancee visa or a spousal visa. Questions will be raised on why she was not able to finish her schooling but as long as she gives a satisfying answer to the USCIS then I guess she will be okay. I would think she is not the only case who had to leave before they completed their studies. Let us hope USCIS will be satisfied with her reason.

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  • 1 decade ago

    He should talk to an immigration consultant to review all the options.

  • 1 decade ago

    She can forward her circumstances with an application and she will be considered accordingly..

    Source(s): houseofjoseph
  • Anonymous
    1 decade ago

    hopefully

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