An international student in the US is facing a tense immigration situation. After falling out of status on his F-1 visa, he now fears arrest by Immigration and Customs Enforcement (ICE) while waiting to file for a marriage-based Adjustment of Status (AOS).
From Student to Spouse
The student first entered the US on an F-1 visa three years ago. He had a child with his ex-girlfriend before they separated. In February 2024, he legally married his current wife, a US citizen, and started preparing for a green card application.
Falling Out of Status
In March 2025, his SEVIS record was terminated, automatically putting him out of status. This meant his continued presence in the US was considered illegal, despite his marriage being legally valid and backed by genuine documentation.
Strong Proof of Marriage
According to the student, his marriage is legitimate. He and his wife share a lease, car insurance, and health coverage. They also volunteer together and have numerous photos documenting their relationship. Additionally, $20,000 worth of Cash App transfers and a 401(k) beneficiary listing back their claim.
Risk of ICE Arrest
However, none of that evidence will matter unless they officially apply for permanent residency. The student plans to file his AOS in February next year, but waiting that long increases his risk of being detained for unlawful stay before his application is processed.
Legal Experts Urge Immediate Action
Immigration attorneys and community members have warned that delaying the AOS is a dangerous mistake. They stress that filing sooner offers a layer of protection, as it establishes intent to adjust status before ICE enforcement intervenes.
A Race Against Time
For now, the student’s biggest fear isn’t rejection but arrest before the process even begins. Legal experts agree that in cases like this, timing is everything. Every day spent out of status increases the risk of detention or deportation.
