Please help!! GC for spouse who is on F1

J

jimmy000

New Member
I have a green card already. I am planning to bring my fiancee on F1 and then get married here.
Can anybody clarify the following doubts:

(1) After the marriage, is it legal to apply for her permanent residency while she is on F1 or do I have to wait until she is done with the studies.

(2) If it is legal to apply for her permanent residency while she is on F1, will she be able to go outside the country and come back without any problem considering the fact that her GC is in progress?

Appreciate your help on this.

Thank you.
 
It is perfectly legal for you to apply for her GC. But be aware that it would take something like 3 to 4 years for her to get her GC.

Also, a note of caution. F1 is supposed to have an inherent non-immigrant intent. USCIS might not look kindly if she marries you the second she lands in America as a non-immigrant student. This could potentially pose a problem at the time of her adjustment of status to 'Permanent Resident', unless you happen to become a naturalized American Citizen by then. In my opnion, you should probably give it some time (6 months or more) before you decide to get hitched, after she lands. As far she going in out of the country on F1, I don't see any problems.
 
Thanks a bunch Mr. Catch_22.

One more quick clarification. Does the F1 status become invalid the moment GC is applied after marriage?

Thanks in advance.
 
No, F-1 become invalid when you file your I-485 and it is accepted.
In your case you need to file the I-130 , then wait for your I-130 to be approved takes 2-3 years depending which country you belong to.
Once your I-130 is approved your spouse will be given a Alien number and a immigrant petition visa number, you use the approved notice and apply for adjustment of status (I485) application, with affidavit of support and medical and filing fee. Once the I-485 is accepted your spouse will be given a reciept , this will make her F-1 invalid and she will be on pending AOS status.

Good luck
 
same situation here.......this is my plan.

I just got GC and she is F-1 visa student for 10 years.
I was thinking that she can change her visa to E-2 visa first.
and file her I-130 so we can stay here together doing business.
Wait for 2-3years, and file her I-485,I-765.
one more year, she will get GC.

Is it better she change visa to E-2 from F-1?
She really doesnt want to go back to country.
Any better visa out there to make her stay here? without problem???
or just she stays illegally s and file her GC when i get the citizenship after 5 years?

im sorry that looks like i stole your post but....please......
thanks.
 
Last edited by a moderator:
jimmy, other thing...if you apply for her I-130 she must mantain her status of F1 until she can apply for her adjustment of status.
Good luck,
 
hakigo,
I am not sure about the E-2, her employer is the one who must apply for her, check this link plus give you a list of visas: http://uscis.gov/graphics/howdoi/nonimmstat.htm

But be sure that she meet the requirements, it is my understanding that you must demostrate that she is going to invest a huge amount of money in a US business and this business is controled by treaty nationals.

If you going to apply for her, be sure that she mantain her own legal status.
At www.uscis.gov you can search for a list of non-immigrant visas. She can try to apply for a H-1B.
 
Having a baby doesn't change her status. Your best bet is to keep her as an F-1 as long as possible. You can always wait till you can become a USC and then everything will be easier and faster. Since you're a PR, whenver she gets an A# she's not gonna be able to work or anything. It will be a pain. You need to consider all these things.
 
bps01 said:
No, F-1 become invalid when you file your I-485 and it is accepted.
In your case you need to file the I-130 , then wait for your I-130 to be approved takes 2-3 years depending which country you belong to.
Once your I-130 is approved your spouse will be given a Alien number and a immigrant petition visa number, you use the approved notice and apply for adjustment of status (I485) application, with affidavit of support and medical and filing fee. Once the I-485 is accepted your spouse will be given a reciept , this will make her F-1 invalid and she will be on pending AOS status.

Good luck
Click to expand...


how come you saying 2-3 years?
in my caculation, a little over 4 years.
right now, family based 2A - 08 Feb 02.
 
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