I asked my lawyer about marrying an F1 studeent and this was his response. Note that I do not have a valid H1. I am on an EAD.
"If you are married before your adjustment of status is approved, your
wife can file an adjustment of status and ultimately obtain her green
card without having to leave the US. Her F-1 would no longer be valid
at the time she filed her adjustment of status, but she could continue
to attend school while waiting for the application to be approved.
If your adjustment of status is approved before you get married, she
does not necessarily need to depart the US to complete the green card
process, but it will take much longer (5 years or more) for her to
obtain her green card.
My suggestion would be to get married before your adjustment
application is approved."
Does this mean that there is no risk of being separated from the spouse if a 485 adjustee married an F1 student? What happens after graduation?
Any info/experience would be greatly appreciated.
wac: 02-185
"If you are married before your adjustment of status is approved, your
wife can file an adjustment of status and ultimately obtain her green
card without having to leave the US. Her F-1 would no longer be valid
at the time she filed her adjustment of status, but she could continue
to attend school while waiting for the application to be approved.
If your adjustment of status is approved before you get married, she
does not necessarily need to depart the US to complete the green card
process, but it will take much longer (5 years or more) for her to
obtain her green card.
My suggestion would be to get married before your adjustment
application is approved."
Does this mean that there is no risk of being separated from the spouse if a 485 adjustee married an F1 student? What happens after graduation?
Any info/experience would be greatly appreciated.
wac: 02-185