Joining GC application and Becoming a Student

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gcquestion77

Registered Users (C)
My boyfriend is currently on an H1B and is planning on going back to school next Fall.
If he were to join my green card application, could he still be attend school in setpember ? Someone told us he would not be able to join my green card application until he actually got his F1 via.
Is this true?

Thanks -

X.
 
I think you have to be married for him to join your application.i believe he can join your application provided it hasnt already been approved... meaning if you are applying for green card through work, and your work applied for the I140, you can file for I485 either with the I140 or after the I140 is approved, as for your spuse, he can file for I485 provided your I485 hasent been approved yet... i.e. you are both changing status together. but if your I485 has already been approved, I believe he cannot apply, and he has to wait till you become a citizen, then he can apply for his green card. as for school, once he applies for his I485, he is legal in the country, and he can study, and apply for work authorization and advanced parole...etc. what i mean is he doesnt need a student visa.... he is legal.

if someone else has other thoughts or corrections, please share.
 
Thanks -

I am currently in the process of getting my LCA approved. And if I get it approved soon and I get my 140, we maybe decide to get married sooner than expected, so he can join me and don t worry about this F1.

So I guess, if we do get married and apply for our 485, he can join shool correct?
 
it depends on where you are from... if you are not from india , china or the phillipines( i dont recall exactly so please make sure of the countries) you can do concurrent filing.
 
If she is on EB3, it does not matter which country she is from. All country is retrogressed now and need to wait. If she is on EB2, and was not born in India or China, she can run concurrent filing of I140 and I485.
 
Thank you so much for your answers!

I am from Europe so I think i should be able to file both 140 and 485 at the same time. However my boyfriend comes from India.. I hope this won t be an issue.
 
gcquestion77 said:
Thank you so much for your answers!

I am from Europe so I think i should be able to file both 140 and 485 at the same time. However my boyfriend comes from India.. I hope this won t be an issue.
Click to expand...
Your EB category must be EB1 or EB2, or your PD must be old enough to be able to file I140 & I485 at the same time. If your country of birth(Not citizenship) is in Europe, you can use cross-chargeability and your husband can take advantage of your coutry of birth..
 
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