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Thread: A greencard holder marries a foriegn student

  1. #1
    Guest
    I have been living in the United States as a Permanent Residence for over three and half years. I recently got married with a foreing student who has F-1 status. She is still going to school and maintaining her F-1 status.

    In order to get her immigrant status, should we be filling adjustment of status now? Or, wait for my naturalization which is probably a couple of years away? Which one will be faster and safer?? I was told by different people that once we file her I-130, she does not have to maintain her F-1 status. I called INS and was told that she has to maintain F-1 status. Is this true? Say, we already filed for adjustment of status and find a sponsor for H1B, will her H1B get approved as she is intending to live here permanently? With all these questions on my mind, I have been confused and do not know if it is safe to file I-130. Can anyone help????
    I will greatly appreciate it!!

  2. #2
    Guest
    I have been living in the United States as a Permanent Residence for over three and half years. I recently got married with a foreing student who has F-1 status. She is still going to school and maintaining her F-1 status.

    In order to get her immigrant status, should we be filling adjustment of status now? Or, wait for my naturalization which is probably a couple of years away? Which one will be faster and safer?? I was told by different people that once we file her I-130, she does not have to maintain her F-1 status. I called INS and was told that she has to maintain F-1 status. Is this true? Say, we already filed for adjustment of status and find a sponsor for H1B, will her H1B get approved as she is intending to live here permanently? With all these questions on my mind, I have been confused and do not know if it is safe to file I-130. Can anyone help????
    I will greatly appreciate it!!

  3. #3
    Guest
    any immigration experts out there to share their knowledge on this??? Please please please!!!

  4. #4
    Guest
    Submission of I-130 petition does not change your wife's legal status in the US. Only when she applies I-485 she would not need to maintain F-1 status. Unfortunately, there is a 5-year backlog in F2A immigrant category. So, if the plan is to us family-based petition, you are better off waiting for you becoming USC and then applying (there is no backlog), or applying now and then upgrading petition to USC category.

    There should be no problem with aplying for H-1B, as this status permits dual intent (nonimmigrant and immigrant).

    Don't discard a chance to win visa lottery.

  5. #5
    Guest
    Umesh, Mohan, anyone else: Your resourceful knowledge will be appreciated! I am adding another concern here- When my spouse will be eligible to get work authorization, given that she files for I-130 now?

  6. #6
    Guest
    Since you're not a citizen, your wife has to maintain her f1 status. Only spouses of zitizens are forgiven for illeagle stay. If she leaves school now, she'll be considered out of status and thus not qualified to adjust through marriage.

  7. #7
    Guest
    Filing or even approval of I-130 does not make one eligible for EAD. It is submission of I-485 that does it.

    Of course, change of status to H-1B will make your wife eligible to work for sponsoring employer only.

  8. #8
    Guest
    Aibolit:
    Your answer made my head spin now. I married a USC in Oct./2002 and applied for AOL im Dec./2002.
    The package inclued I-130, I-485, I-765 and biographic information.

    Of course, after such a long wait,my I-94 visa has expired and I haven't received any response from BCIS, not even my EAD approval.

    The last time I contacted them in person, I was told that I should wait until they started processing my case.

    If that's true that you get elegible for an EAD after submission of I-485(which I did 6 months ago), why haven't they sent an EAD to me?
    Most people who apply for AOS get their EAD whithin one months time.

  9. #9
    Guest
    head spinning?

  10. #10
    Guest
    Thanks Aibolit for sharing your knowledge!

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