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#1
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F1 married to USC - Quick questions
Hi Folks,
My sister came here on a F-1 last year (Sept 2006). She got married to a US Citizen in Jan 2007. The marriage was performed in India (so she has a an Indian marriage certificate, photos, etc etc) Now, she is back in the US on F-1. Presumably, her husband who is a US Citizen could apply for I-130 and also for her I-131/I-765/I-485 simultaneously. My questions are specifically vis-a-vis her AOS while she is on F-1 1. What happens to her F-1 ? Is she no longer in-status if she applies for I-485 2. Currently, she is on a RA from the university. Can she still maintain that RA ? Are there any threads dedicated to F-1 to AOS (and any subthreads for F-1 to AOS by way of marriage to a US Citizen) ? Thanks in advance.. |
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#2
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The biggest issue is that she re-entered the USA, married, on a F-1 visa, with intent to file for AOS. This is cause for denial because F-1 is a non-immigrant visa. By doing this your sister has seriously jeopardized her changes of getting a Green Card. She needs to talk to a lawyer.
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UK citizen, married to USC, here originally on H-1B. DO: Philadelphia I-485/I-130/I-765 concurrently filed 06/22/06 Fedexed package to Chicago lockbox 06/27/06 ND receipt date for all forms 07/25/06 Biometrics taken 08/11/06 Interview Letter sent 09/06/06 EAD approval email 10/11/06 Interview - Approved! 12/06/06 Ten year green card arrives in mail! NOTE: I AM NOT A LAWYER. Please don't PM me questions that are better asked on the forum. |
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