Spouse of GC holder

aanwra

New Member
As a GC holder, if I get married to someone with an F1 visa, can I apply for their immigration and can they stay in the US while application is being processed, legally; Even after completing their studies?

Thank you
 
Originally posted by aanwra
As a GC holder, if I get married to someone with an F1 visa, can I apply for their immigration and can they stay in the US while application is being processed, legally; Even after completing their studies?

Thank you
No, your being a GC holder provides NO benefits to your new non GC spouse. He/she will have to stay in the US on their own merit in H1 or L1 which are the only visas available in such circumstances. All other non immigrant visas require that the applicant have no intent to immigrate. Having a US resident spouse violates that intent.
The reason is that there is an annual quota for spouses of GC holders. Currently the quota is backlogged by several years.
Only spouses of US citizens are not subject to quotas and can immediately apply to adjust status to LPR.
 
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