Primary - LC, Spouse - F1

D

dude_speak

New Member
Hello All,

Several questions that I have regarding the GreenCard processing.

I am currently on H1B status, and my girlfriend is on F1 finishing up her college degree here in the US. My company is sponsoring my GC application and currently on Labor Certification stage. My girlfriend and I are getting ready to get married, and we have several questions that we wish to be advised:

1. When we get married, I will be including her to the GC application. Will she have to change her status to H4?
2. Will she still be able to continue her full time education, and maybe even get her H1B from the company she'll be working for post-graduation?

We are deciding whether to include her to my GC application that's still pending. We just dont want to make sure that she will still be able to study and work.

Please advised.
 
1) Any time. If you're married before I485 is approved and she is in the US then, she can submit her I485.
2) She can keep going to school as F1 before I485 filing, and as AOS pending after I485 fiing. H1 is fine too.
 
GotPR? said:
1) Any time. If you're married before I485 is approved and she is in the US then, she can submit her I485.
2) She can keep going to school as F1 before I485 filing, and as AOS pending after I485 fiing. H1 is fine too.
Click to expand...

Thanks for the reply, GotPR.

I am a bit confused with the second answer you provided. Basically, you are saying that when she is filing for I-485, she will not be able to maintain her F1 status, but as "AOS". What is AOS? Will she still be able to continue her full time education?

Your help is very much appreciated.
 
AOS = adjustment of status (I-485).

It is not very clear that F1 status can be maintained once I-485 got filed. It is up to interpretation of law, and no clarification has been made on F1 validity in public so far. That is why I feel it's safer to say "she can go to school on AOS pending(I485 pending) after I-485 got filed".
One can go to school under I-485 pending, so that she can continue schooling. BUT please check with her school since some school may not accept student w/o F1.
 
GotPR,

Got it. I have talked to my lawyer also, and she has mentioned exactly the same thing, in terms of not being able to maintain the F1 when filing I-485. I will have her to ask the school, just as you suggested.

Thank you very much for the helpful information.
 
GotPR? said:
AOS = adjustment of status (I-485).

It is not very clear that F1 status can be maintained once I-485 got filed. It is up to interpretation of law, and no clarification has been made on F1 validity in public so far. That is why I feel it's safer to say "she can go to school on AOS pending(I485 pending) after I-485 got filed".
One can go to school under I-485 pending, so that she can continue schooling. BUT please check with her school since some school may not accept student w/o F1.
Click to expand...

There is really no legal ground on which the school cannot accept her as a student when on I485 status. Many schools that do so, do so simply due to ignorance. A letter from an attorney may do the trick.

As for the part about maintaining F1 status while on I485, you are quite correct. There has not been an exact determination that I know of. However, most these days interpret I485 status as a status quite distinct from F1.
 
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