applying for Green Card, will my spouse be able to apply for Student visa

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goldy_nj

New Member
applying for LC approval, will my spouse be able to apply for Student visa

Hi! Friends

I am in the process of applying my Green Card and my wife is also planning to join school in few months. I read somewhere that if I file my Green Card now then she will not be able to get the F1 visa because Immigration people will say that we have intention to stay here and they will not issue F1 to my spouse. IS IT TRUE ???? Is there any way that I can file my Green Card and that will not impact my spouse getting F1 or I have to get till she gets the F1 visa and then I file for my Green Card.

I will appreciate for quick response.
Thanks, Goldy
 
Last edited by a moderator:
What do you mean by 'applying for GC'? Applying for LC is not counted as that. Only I-485 or AOS is considered applying for PR as far as the box on H1 visa applicaiton and others are concerned.
 
abzy,

thanks for the reply and sorry for confusion. Applying for GC means, I am applying for Labor clearance which is the first stage of green card. My question is " I am filing for my LC now and in August 2005 my wife is joining school and she wants to change her status from Dependent (H4) to student visa (F1). Is that possible ??? because filing for LC means that we have intention to stay here permanently but when applying for F1 visa, she has to mention that she has no intention to stay here (because thats the requirement for F1 visa). This a contradictory situation ... please let me know if anyone know some solution to that ?????
thanks, goldy
 
Just so that you know - She can join school on H4.

I wife joined school on H4 (Completed and is on H1 now) and also got the in-state fee's which is much lest than what you will have to pay if she changes to a F1.
 
yes, I know that my wife will be able to join school on H4 but I think she will not be able to work in school (as Research/Teaching assistant) unless she is on F1 visa. Am I right ???

Moreover, it is safer if she will be on F1 in place of H4 so that we will not be in trouble if something happens to my job. If you know the answer to my first question in thread regarding LC filing then please let me know... thanks
 
goldy_nj said:
yes, I know that my wife will be able to join school on H4 but I think she will not be able to work in school (as Research/Teaching assistant) unless she is on F1 visa. Am I right ???

Moreover, it is safer if she will be on F1 in place of H4 so that we will not be in trouble if something happens to my job. If you know the answer to my first question in thread regarding LC filing then please let me know... thanks
Click to expand...

There is no problem .. Go ahead & apply for LC as well as Student Visa..
 
If your wife is here in USA, she has to change her staus from H4 to F1 here in USA.

Change of status is not so problematic even you have applied for LC.

Although your question is right but it depends on how authority interprets. Generally application for I-140 signifies your intention to stay. Not LC.


If she goes to out of USA, she needs to get F1 VISA from US consulate.
 
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