Green Card Through Marraige

[jinni0506]

I'm an international student in the States on a F-1 Visa, and I just got married to a U.S. citizen. About the application process for green card, I have several questions regarding my situation:

1) If I decide not to enroll in school this coming fall, which will make me out of status since I won't be a full-time student anymore, then am I not allowed to stay in the States legally even though I am married to a U.S. citizen?
- The deadline for the fall tuition is coming up in about 3 weeks, and I've decided not to go to school anymore, so I won't pay the school any money. So the school will drop all my registered courses, and I won't be a full-time student to fulfill my visa status. I don't think I can get everything done to be in the awaiting period for green card, in that short period of time. I heard that if you are waiting for your green card, you are able to stay in the States legally. I don't know if I can stay here then, even when I don't have any forms/documents submitted, just because I am married to a U.S. citizen?

2) I would like to work ASAP and I know I have to apply for the work authorization form and it takes about 90 days to process. So am I not eligible to work at all until I get the permit? (I'm working already on campus, as allowed with my student visa. If I'm not a full-time student anymore, am I not allowed to work anywhere anymore?)

I just really need to know if I can stay here legally even after I will become out of status as a student, since I'm here on a F-1 Visa.

Any advice would help!
Thank you so much

[martinvisalaw]

One you file the permanent residence paperwork, including Adjustment of Status, you can stay legally in the US while the application is pending. You cannot work until the EAD is actually approved, except as authorized by your F-1 status.

[king37]

So what's the rule for family based green card application through US citizens for brothers and sisters who are already in USA through H1B or F1.. Can they apply for adjustment of status and get an EAD before such green card is issued which can well be over a decade?

[martinvisalaw]

Originally Posted by king37

So what's the rule for family based green card application through US citizens for brothers and sisters who are already in USA through H1B or F1.. Can they apply for adjustment of status and get an EAD before such green card is issued which can well be over a decade?

The beneficiary cannot file Adjustment of Status (AOS) until the priority date is current. The delay of 10+ years is before the priority date becomes available, so no AOS or EAD while waiting, unfortunately.

[king37]

Thanks for the info.