F1 Holder marrying a GC holder applying for naturalization

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bhartiya_12

Registered Users (C)
If an F1 holder marries a GC holder who has applied for citizenship and has a child during OPT and before the citizenship of spouse comes through does it affect the F1 holder in any way except issues while travelling outside the US?

Can they stay married with child in F1(OPT) and GC status and when the citizenship for GC holder comes through they can sponsor the GC for the F1 holder, presuming of course that the F1 holder still is on OPT.

Thanks
 
Your questions is not quite clear so I'll answer what I think you intended to ask.

Having a citizen child does not benefit the parent or allow the parent to remain in the US on the basis of being the parent of a citizen. The child can only sponsor the parent when the child reaches the age of 21. The parent must maintain his own status either as a student or guest worker.

Being married to a GC holder pretty much eliminates the possibility of renewing the F1 visa due to the obvious immigration intent.

The GC holder can file for spouse knowing that there is a wait for visa number and upgrade the petition after citizenship but the spouse must still maintain valid status; guest worker status (H1B) is the obvious choice.


If you have other questions, please post again.
 
Sorry for the confusing post. I am aware that the child cannot help parents stay in the US.

My question was more related to any issues the F1 visa holder will have during OPT status relating to marriage or the child.

From your answer it seems that the issue is only when the F1 holder travels out of the country as the intent to immigrate would have been established now which contradicts the F1 basic principal.

So as long as the F1 holder is in valid F1(OPT) status or any other status after that (H1B etc) and within US there would be no issues.

Does that sound right?
 
Have all paperwork ready to go as soon as naturalization is completed.

While you are not 100% safe on OPT, there are "bigger fish to fry" than looking for someone in your situation. If you are on H1B, there are no problems as it allows immigration intent.

You might want to have a consultation with a lawyer to see if he has other recommendations to insure that you are never out of status or for other strategies to minimize the time from which your spouse is eligible to apply for citizenship and the actual granting of citizenship. Since time is important to you, it will give you peace of mind to have the paperwork reviewed to make sure there is nothing to delay the process.
 
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