Immi Q on GC holder marrying a non-GC

P

patienceGC

Registered Users (C)
Hello

What happens when a Greencard holder marries a student i.e. F1? Can the GC holder sponsor EAD for the spouse? Or does the spouse have to go thru the H1 process? What is the situation when a GCH has a H1 spouse?

If the GC holder can sponsor the spouse's GC, how long does it that take to be approved?

Your inputs will be greatly appreciated.
 
one case

My friend got married to a GC holder when he was on H-1.

From the time his GC process started and got his GC, it took him 2 full years but I am not aware if that it is the average time frame or more or less...
 
did your friend get sponsored by his spouse

or did he do it by himself. Also if the spouse is on f1 and not on h1, is it possible for the GCH to sponsor for EAD?
 
Once person Gets GC and then applies for F-1 spouse then it takes usuall 4 yrs or whatever it takes for family based petion but person can apply for his/her spouse while I-485 pending . spuse will lose F-1 statsus when spuse's I-485 applied.

Be careful once person gets GC and then applies for F-1 spouse, F-1 spouse still need to maintain legal status until it comes to I-485 stage.

i hope it helps.
 
In my friends case he was F-1 converted to H-1 by the time he got married in court here. He got his EAD with in 6 months after his marriage.

To my knowledge, if an H-1 or F-1 marries a GC holder then he should be receiving EAD much prior to his GC.
 
patienceGC,
Here is what the current rule is.
If your marriage happens after GC approval to an non-immigrant, then you will have to sponser your spouse under F2A category. The priority date is backlogged by 5+ yrs. Till then she can't go for 485( so can't avail EAD/AP) or can't go for CP(If outside US).
If in US, then she must maintain her status independently till she gets her priority dates current.
H1 status is considered a better option.Remember if she is on F1, she won't get an extension( she now would be a potential immigrant). If on H1/L1 she can get extentions as these are dual intent categories. Similarly, if in INDIA, her every visa application would be rejected except H1/L1.
You might be wondering how would INS/consulate know????.
Becuase you would be filing for I130 to get earlier PD. So ea;rlier you file I130, the better. But then she would show up in records as beneficiary of GC in future.
Your best option, marry an Tamilian ABCD. You just would have to eat idli sambhar with fork and knife and will have to do the dishes/clean restroom and vacuum the floors.(Apart from earning). And follow strict cooking turns.
 
You must log in or register to reply here.
Top