Spouse on F1.....is it a Problem???? URGENT

R

Rajdb101

Registered Users (C)
Hey CP Gurus,
My friend is going to India for marriage on 10th Jan, 2002. His to be spouse is on F1 & still persuing her MS studies(would finish her term in May 2002). He is about to file for his last stage in next week. The questions r:
1) Will there be any problem if she stays on F1 till they get their final interview call or should she change her status from f1 to H4 during this India visit?
2) Is there any risk in converting from F1 to H4 & continuing with her studies as she\'s still left with one more term?

Would appreciate immediate response.
Thanks
Raj
 
Not a legal opinion, but....

There should be no problem with the spouse remaining on F1. There is no requirement that a spouse needs to be on H4, as long as he/she is in status. I would recommend that you get in touch with a lawyer just to make sure.
 
Status vs. visa intent.

Novmumbai,

The issue here is not whether the derivative (spouse) is in status or not, but whether his/her non-immigrant visa has a dual intent. Certain non-immigrant visas (e.g., H1, H4) have a dual intent - person can apply for immigration while being on these non-immigrant visas. Student visa (F1) does not have a dual intent. It was granted under the assumption that the bearer shall leave US upon completion of F1 activities.

In practice, derivative\'s F1 status has not caused a denial in either adjustment of status or consular processing.

You should still consult a lawyer to get an educated opinion on the matter. My law firm is a bit conservative and advised my spouse against switching to F1 for full time studies. In my friend\'s case, the spouse was on F1 (full time student), and they successfully completed the GC process recently.
 
Complex situations can arise

Hello,

As far as I know, H4 cannot go to school full-time. Hence, if a person is on F1 already, the laws shouldn\'t be such that he/she cannot get married to H1 holder just because of problems with GC in future. F1 individual should not be supposed to go through H visa to get GC. In cases of marriage, it should be simpler enough. I am just bringing up scenarios that can exist.
 
No Title

H4s can go to school full-time, however, they cannot ask for any grants, state scholarships, financial help, etc. Furthermore, some states also do not recognize H4s as state residents and ask them to pay out of the state tuition.
 
What if...

The F1-visa holder entered the country much prior to marriage with the Intent of F1 visa. Then in school or somewhere he/she gets married to H1 holder. Obviously, nobody wants to give up the financial aid so..one stays as F1. Then after a few years, CP interview is scheduled for both. The Ph.D. students normally get 4-5 years visa so the above scenario is possible.

Now I don\'t expect F1 to give up financial aid and all that. I am just providing a scenario. Maybe possible, may not be.

In CASE OF "RAJDB101":
I guess your friend is doing AOS. The intent was F1 when your friend\'s wife applied for and got the F1 visa. If she is not applying again, the question of intent doesn\'t arise. She is still entering on her previous visa. Now at POE, the intent while entering is still studying in the immediate future so that shouldn\'t be a problem as well.
 
SriGanesh is correct

Your friend and would be spouse are in legal status and are not doing any Visa fraud to get the GC. If at the time of F-1 Visa application spouse did not have immigration intention and over time (atleast >6 months)they fell in love and situation changes they can still process GC in their respective Visa status as long as they are In-Status.

No Issue atall.
 
No Title

My wife is on an OPT in WI( just finished her MS ) , I m in NJ on an H1.
Expect to CP in early Feb .
She came to the US in Aug 1999, i came in Feb 1999 .
Got married in Nov 2001 in new jersey.

My lawyers dont seem to think that their is any issue..altho i was
concerned about the fact that we are living in seperate states.She was unable to find a job in NJ after her MS .. plans on moving here in Apr _ may . Once she has a GC will make it easier to switch jobs.
 
Insightful!

Actually my friend is doing his CP (not AOS in the US)and the packet 3 is being sent to the Chennai consulate this week.

Since both him and his fiancee are in India for the next 3 weeks..the change from F1 to H4 needs to happen during this trip so that at the time of the interview thay are on a H1-H4 combo. Apparently this is the lawyers advise.

My friend is trying to gather some second opinion on this matter.
 
Since yours is Employment based

and not Family based GC, you do not have to prove spousal intent at any time during the process. She/he as a derivative beneficiary will ride on your case.

No stress
 
F-1 and consular processing

hi,

I am on F-1 and planning to get married to a H1-B holder.
I am currently working on campus and on a CPT.

We were thinking of doing our I-485 after getting married through AOS, but now were are also exploring the option of doing consular processing since it is faster.

I know that if we do AOS I cannot work for minimum 3 months until I get my interim EAD.

In case of CP, do I lose my F-1 status immediatlely when we file for AC-140? or after we go to India for the interview?
In the meantime can i still continue working on my CPT?

HAs anyone faced a similar problem, or knows the solution to this problem???

thanks
 
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