F1 Marrying a GC

N

nice74

New Member
I am on F1 and I married a GC holder.
I married the GC holder after coming to this country.
My spouse cannot apply for GC as it takes about 5 years to process since I am from India.
My F1 is valid for another 2 years. I am looking for Job.
I am going to be on OPT in 3 months.
Here are my questions:
(1) From being in OPT, can I switch back to F1, If don't get a Job.
(2) If I switch back to F1, Will it be difficult to get a F1 stamping on Passport (with new Extended date as the current is valid for only 2 years).
I heard rumours that they might deny the F1 stamping in consolate if we are married to a GC holder.
Is there a way around it?
Experts Please help.
Thank you.
 
Re the f1 issue u have

Hi girl:

I am in a similar situation like u are. Being on OPT training does not mean you will not be F1 student. You are still F1 - even if you do not find a job. Your visa which u say is valid for 2 years will stay the same. Just make sure you stay in school and keep in status. If u leave the country - just have your DSO sign the I-20 and u should be good to go home and return...I have done it. Good luck.

If u wanna u can email me or either of my emails which are posted.
 
Getting an F1 visa stamp would be harder if your spouse has a GC. You have to show intent to return to home country and that would be harder. But there's nothing in the law that prevents the consulate from granting you an F1 visa. Moreover the consulate does not bother about the immigrant intent in many F1 cases (at least it used to be that way). If the student is academically good and has financial aid from the univ, then it used to be easy to get the F1.
 
Hi everyone,

I'm in a similar situation but the major problem is that I was not able to find a job while on OPT because of the job market and H1B quota. I was accepted to a school though for the Fall of this year. Does anybody know if INS will disapprove my F1 application because I was not able to find a job while on OPT?

Pleeeeasse help!!!!!!!
 
The F1 status does not allow for dual intent. If the consular officials find out when you go for the next stamp that you are married to a permanent resident, you will, in all likelyhood, face issues.

Based on other postings on these boards you will likely also face issues when you try to adjust your status to PR. I would get the qualified opinion of an attorney.


nice74 said:
I am on F1 and I married a GC holder.
I married the GC holder after coming to this country.
My spouse cannot apply for GC as it takes about 5 years to process since I am from India.
My F1 is valid for another 2 years. I am looking for Job.
I am going to be on OPT in 3 months.
Here are my questions:
(1) From being in OPT, can I switch back to F1, If don't get a Job.
(2) If I switch back to F1, Will it be difficult to get a F1 stamping on Passport (with new Extended date as the current is valid for only 2 years).
I heard rumours that they might deny the F1 stamping in consolate if we are married to a GC holder.
Is there a way around it?
Experts Please help.
Thank you.
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