ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE



The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 10 of 10

Thread: Green card/Student visa

  1. #1
    The good news is my wife and I just received approval on our I-485.
    However, it came much faster than we expected. My wife is on a scholarship to an ivy league school based on coming from a foreign country. She has a F-1, but now is a Permanent Resident.

    Can she continue as a foreign student with a GC, or does she need to maintain F-1 status?

    Normally, State universities consider permanent residents to be eligible for in-state fees, i.e. they are treated as citizens.

  2. #2
    The good news is my wife and I just received approval on our I-485.
    However, it came much faster than we expected. My wife is on a scholarship to an ivy league school based on coming from a foreign country. She has a F-1, but now is a Permanent Resident.

    Can she continue as a foreign student with a GC, or does she need to maintain F-1 status?

    Normally, State universities consider permanent residents to be eligible for in-state fees, i.e. they are treated as citizens.

  3. #3
    Your wife cannot be both an F-1 foreign student and a permanent resident. By definition, an F-1 foreign student is a non-immigrant...and your wife changed her status to permanent resident.

    You cannot have it both ways.

    Your wife is enrolled in school, and can continue to be enrolled...but, she is no longer constrained by the restrictions placed on F-1 foreign students.

    As far as the change of status effecting her scholarship, that is something that only the scholarship provider can answer.

  4. #4
    her f1 student status became invalid the minute she became a US resident.
    Your wife,needs to update that asap with the school administration she is attending,to avoid futher problems.

    Her f1 student status is also or was also her legal status in the US, F1 Visa that is.That Visa and HER status are invalid now.
    She is now officially a US resident.

    By law even she has to update that status,since its a major status change.From forgein student visa to permament US resident!

  5. #5
    Hi All,

    On a related topic, I have the following question.
    I have my I140 cleared last year and am stuck in the visa number retrogression. Ny wife has started her MS degree. She is still on H4. We are planning to apply for F1 status so that she could work as soon as she is done with the degree without waiting for the H1 numbers( MS degree holders can get 1 year of optional practical training)
    I have the following question:
    1) Since we are in the midlle of the GC process, is it good to change the status to F1?
    2)Does it effect our GC process?

    Any input is greatly appreciated.

    -Thanks

  6. #6
    Man,
    its actually not a question or option "should u change your status from f1 to US resident (greencard)
    During the processing time,u shouldn't do nothing.
    But once you,or whoever beccomes a US resident.The F1 student visa and status become invalid.You MUST let authorities at school know about it and everywhere else.Its not a choice,its the law to update your current accurate status.

  7. #7
    Thanks for the quick reply HBKHBK. I guess my doubts still exist:))
    So if I understood you correctly, my wife can now go onto F1 and once my GC is approved( meaning my wife's as well )I should let the authorities know about the F1 status so that they can cancel it, right?
    And if we apply for the F1 status, there wont be any issues during my GC processing then?
    Please clarify. Thanks for your patience.

  8. #8
    Now u make me a little confuse lol

    Your wife has her greencard,she is by that a permament United States resident.Her F1 status automatically becomes invalid.But school authorities etc won't know about it,but the law requuires her to report any status and change,especially from a foreign student status to a US resident.

    Same with you,the minute u are a U.S. Resident you need to update it with athorities at school and what not.
    And remember either way,the minute you are a U.S. resident you old status becomes invalid.

  9. #9
    Hi HBKHBK,

    I think I really confused you. My wife doesnt have a GC. She is dependant on me - on H4. I am on H1 currently. I applied for the GC in 2003. Cleared 140 last year and am waiting for the VISA numbers to get to my priority date. Now my wife started her school - still on H4. My question now is if we apply for her status change to F1, will we have any problems???( since my GC is in process )
    Thanks for your input.

  10. #10
    Hi,
    Can someone please clarify my doubts?

    -thanks

Similar Threads

  1. F-1 Student to Green Card Holder
    By AnnaAleksandrova in forum Immigration Discussion
    Replies: 19
    Last Post: 10-15-2008, 11:35 AM
  2. from student visa F1 to green card
    By rain in forum Immigration Discussion
    Replies: 5
    Last Post: 02-01-2008, 05:35 PM
  3. TN visa and green card
    By sadcat in forum Immigration Discussion
    Replies: 3
    Last Post: 05-06-2007, 11:53 AM
  4. Help! Green card holder marry student bf
    By Helen in forum Immigration Discussion
    Replies: 18
    Last Post: 02-16-2006, 04:40 PM
  5. F-2 Visa to K-2/Green Card?
    By johnsmith2 in forum Immigration Discussion
    Replies: 4
    Last Post: 06-04-2004, 08:53 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: