Person with GC marrying a student on F1

A

anand2003

New Member
I am writing this behalf of my friend. She is a GC holder wanting to marry a guy on F1 visa. Her fiance has finished his studies, almost on verge of graduation. But given the economic condition here and the job market, he is not sure of finding a job soon.

1. Will it be possible for my friend's fiance to get dependant visa?

2. How can he change his visa status?

3. Does he have to remain on student visa until he can change status?

I am new to this forum and not know much about immigration rules on this issue. If somebody could help with ideas I can help my friend out. Thanks in advance.

Anand
 
If they get married, he would need to qualify for a visa on his own merit, be it F-1, H-1, or any other visa. The current waiting list for couples in their situation is about 5 years.

Rajiv is actually looking for volunteers to help change the law so that spouses of green card holders can qualify for a visa in a much shorter time frame.

http://www.immigration.com/improving_immigration/volunteers.html

Alternatively, your friend can consider applying for naturalization if she qualifies. However, her fiance should still remain in a valid immigration status until she is able to petition him as a US citizen.
 
anand2003,

Another thing to keep in mind is that your friend's fiance is eligible to apply for the 1 year optional practical upon graduation. That would allow him to stay in the US legally for a year while he looks for a job. And of course, he'll be able to work as long as his practical training visa is valid.

Good luck :)
 
Thanks for the input gabby. I appreciate the help. I will pass on the message to my friend. At least with OPT he can stay here for a year and hope for the best to find a job.
 
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