I have an student visa and I got married with a permenent resident. After that she filled out the I-130 form we recived from I-797C, notice ...

Question

I have an student visa and I got married with a permenent resident. After that she filled out the I-130 form we recived from I-797C, notice of action receipt. So after 5 months we recived I-797, notice of action approval notice. And it says on it I'm not eligible and because of that they have sent the approved to national visa center. So I'm wondring if i can change my visa or my status cuz I don't wanna go to school and waste my money I'm in English school now just to keep my status vaild and also I have to go back home in 6 months so is there any option to stay here legely without going to school ? Thanks

Answer

Yes. You have to adjust your status. You have already started the process. Again, I know it is tempting to surf the web for free legal advice but this is an investment in your future. You should at least consult with an attorney and see what you can do. Some give payment plans. We can be reached at 303-872-0090.

Answer

You do not "have" to adust status. You certainly can go home, wait until your priority date becomes current, at which time the NVC will contact you, & then you can proceed with your immigrant visa at the U.S. Consulate in your home country.

However, if you wish to remain in the United States & adjust status, you can certainly do so, even if you fall out of valid, non-immigrant status. But, you would not be authorized to work & would face the risk or Removal if you were apprehended by ICE. So, it is adviseable to maintain some other valid, non-immigrant status until your priority date becomes current. Without knowing anything about you, I cannot suggest a non-immigrant visa category to apply for, but the F-1 is always the easiest.