RISK/IMPLICATIONS IN GC HOLDER GETTING MARRIED to F-1 holder

D

dharmender

Registered Users (C)
I am Permanent resident (GC holder) of USA. I want to get married to a student holding F-1 visa.

1. Are there any implication on her student visa due to this marriage?
2. Can I apply for GC for her immediately after marriage?
3. Any other issues due to this marriage?
 
1.- None, she needs to maintain her F-1 status, but it will not be affected by you marrying her.

2.- You can file an I-130, wait for it to be approved (a couple of years) and then file I-485 for her to adjust her status / or / You can wait until you become a citizen and then file I-130 & I-485 together for her. But until that happens she still needs to maintain her status.

3.- I do not see any problems. Only US citizens can petition for spouses and their priority dates are current immediately. You and your soon-to-be would have to wait to either you become an USC or the I-130 is approved (either one is bound to take years). So just make sure she maintains her student status.
 
1) her status will not be affected, however, if she leaves the States or applies for a change of status, her non-immigrant visa or her change of status request will most likely be denied.

2.- You can file an I-130, wait for it to be approved (a couple of years) and then file I-485 for her to adjust her status / or / You can wait until you become a citizen and then file I-130 & I-485 together for her. But until that happens she still needs to maintain her status.
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it's not a couple of years. It's 5-6 years if you don't become a US citizen or a shorter time period, if you do become a citizen.

Filing I-130 alone will not provide her with status. A simple approval of I-130 does not provide her with a legal status, nor does it offer a possibility to file for adjustment of status (AOS - I-485) until a visa number is available to her (5-6 years, see above). When you become a citizen, a visa number would become immediately available to her, and then she can file I-130+I-485 (if you haven't filed I-130 separately yet). She does need to maintain her status until I-485 can be filed.
 
Hi LucyMO
Thanks

1.Referring to your response "her status will not be affected, however, if she leaves the States or applies for a change of status, her non-immigrant visa or her change of status request will most likely be denied."

Does this mean that she cannot leave USA and re-enter after marriage based on F1 visa? Please clarify.

2. If she wants to switch to H1 visa after marriage, will it be rejected?


LucyMO said:
1) her status will not be affected, however, if she leaves the States or applies for a change of status, her non-immigrant visa or her change of status request will most likely be denied.

it's not a couple of years. It's 5-6 years if you don't become a US citizen or a shorter time period, if you do become a citizen.

Filing I-130 alone will not provide her with status. A simple approval of I-130 does not provide her with a legal status, nor does it offer a possibility to file for adjustment of status (AOS - I-485) until a visa number is available to her (5-6 years, see above). When you become a citizen, a visa number would become immediately available to her, and then she can file I-130+I-485 (if you haven't filed I-130 separately yet). She does need to maintain her status until I-485 can be filed.
Click to expand...
 
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Does this mean that she cannot leave USA and re-enter after marriage based on F1 visa?
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that's right. She will most likely be denied entry.

2. If she wants to switch to H1 visa after marriage, will it be rejected?
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No, H1 is a dual intent visa, she doesn't need to prove non-immigrant intent to get H1 visa or change her status to H1.
 
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