GC for F1 student through marrige to GC holder

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bhartiya_12

Registered Users (C)
Hi,

If an F1 student studying in US marries a GC holder, can a GC holder apply for the spouse to get their GC instead of the F1 holder to try for job visa and then try GC on their own which will obviously be a longer process?

Since an F1 student is not allowed to have an intent to immigrate how is this viewed by US immigration?

If it is possible for F1 holder to apply for GC what is the procedure and wait times in this case?

Thanks
 
F-1 Married to USC

I used to be an F 1 Student i got married to a USC in October 2005. When you are an F 1 student you can file for an adjustment of status. But, you have to be in status when you file your Applications.

You have to file Form I 130 and i 485 with all the suporting documents. You can file Form I 765 to receive an EAD ( Employment Authorization Card) while your I 485 is pending. You can also file for advanced parole in case you want to travel while your I 485 is pending.


I am married to a USC. It took me only 98 days to get my I 485 approved. i do not now if your waiting times are longer.

Good luck.

I am not a laywer.
 
bhartiya_12 said:
If an F1 student studying in US marries a GC holder, can a GC holder apply for the spouse to get their GC instead of the F1 holder to try for job visa and then try GC on their own which will obviously be a longer process?
Click to expand...

Depending on the EB category and country of birth, it's not obvious that getting a GC through the FB2 category (spouse of a permanent resident) is "obviously" shorter.

To be honest, FB2 is useless. Invariably, the PR spouse will be able to naturalize and file an Immediate Relative petition before the FB2 date becomes current.
 
I have a friend who is on student visa and married to green card holder. Same condition. I know that it would take a long time to get green card on that kind of case. But while case is pending can my friend apply for any kind of work authorization so that he can work freely without applying for H1 visa
 
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