I just had a freak moment

S

siliconhybrid

Registered Users (C)
I just read some threads and links from this website, saying if your spouse is on tourist visa or your fiance is here is the US, that your spouse has to leave the US before applying a GC. I suspect because it is because of the non-dual intent visa.

I am a newly naturalized US citizen. I just applied my wife her EAD/GC a couple days ago. She had H1B for 6 years, and now become an F1 full student again (since last January 2008).

Is she going to be in trouble for applying a GC with her current status as F1?
if so, what should I do?

please advice
 
Adjustment from B1/F is ok as long there is 3+ month time between when s/he entered and when you got married. VWP the same, its just scrutinized a little more because s/he never got a visa stamp. In general, its certainly not the preferred path. You _WILL_ get asked a lot of questions and sometimes they give you quite a runaround at the interview. But people manage to get through all the time, so you should be fine. As for being on H, thats no problem at all since its dual intent.
 
nscagony said:
Adjustment from B1/F is ok as long there is 3+ month time between when s/he entered and when you got married. VWP the same, its just scrutinized a little more because s/he never got a visa stamp. In general, its certainly not the preferred path. You _WILL_ get asked a lot of questions and sometimes they give you quite a runaround at the interview. But people manage to get through all the time, so you should be fine. As for being on H, thats no problem at all since its dual intent.
Click to expand...

Thanks 3citizen, realcanadian, and agony :)

The timeline is this:
1997 - Dec 2001 : wife went to school & got her F1 OPT work permit.
Dec 2001 - wife got her H1B
Dec 2004 - wife got her H1B extention to her 6th year
May 2005 - I married my wife
Dec 2007 - H1B expired
Jan 2008 - wife got her F1 adjustment status (was taken care of with international student office on Oct 2007. Not out of status, no lapse in legality of living here.
April 2008 - I got my naturalization citizenship
May 2008 - I applied my wife her GC.

In all these we went out of the country in May 2005 and May 2007 for honeymoon & anniversary trip. She had her H1B visa to enter the US.

Now... is there a thing of concern ??


THANK YOU again!
 
Last edited by a moderator:
Relax, she will be fine. Nothing to worry about. Dual intent was created to target people who come in on one visa (because it is easier) but were actually going after something else. Generally, time lapse is a good indication. GIven her timeline, she is more than ok to proceed.

siliconhybrid said:
Thanks 3citizen, realcanadian, and agony :)

The timeline is this:
1997 - Dec 2001 : wife went to school & got her F1 OPT work permit.
Dec 2001 - wife got her H1B
Dec 2004 - wife got her H1B extention to her 6th year
May 2005 - I married my wife
Dec 2007 - H1B expired
Jan 2008 - wife got her F1 adjustment status (was taken care of with international student office on Oct 2007. Not out of status, no lapse in legality of living here.
April 2008 - I got my naturalization citizenship
May 2008 - I applied my wife her GC.

In all these we went out of the country in May 2005 and May 2007 for honeymoon & anniversary trip. She had her H1B visa to enter the US.

Now... is there a thing of concern ??


THANK YOU again!
Click to expand...
 
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