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Marrying a Green Card holder While student (on F1 studenet visa)

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  • Marrying a Green Card holder While student (on F1 studenet visa)

    DEAR ALL,
    I am in the US. i lost my job and now I am on F1 visa (had to go back to school after I lost my job here). My boyfriend has Green card. and we are wondering if we get married how does my status change, can I apply and work for jobs here. as most of you know companies don't wanna deal with sponsoring H1B in this economy and I don't know what to do!!!
    Please please please HELP...
    Thank you
    nur
    Last edited by nur; 10-15-2009, 05:24 PM.

  • #2
    You would be responsible to maintain your own status till you get a GC by means of employment or till your spouse gets a citizenship and applies for a family based GC for you.

    Also, F1 requires non immigrant intent and if you marry a GC holder, you will fail to demonstate that at POE or during visa. So, travel is a risk.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Marrying a GC

      Dear Nur,

      I understand your position. The US immigration law, is very clear,

      a. you can travel outside the country as long as you have a valid F-1 visa stamped on the passport. As long as you dont have to go to the counslate overseas (where you may get into a problem as you would have to state your spouse as a GC and thus your existing visa can also get cancelled) you can come and go. The visa officers wont at the airport generally dont have a problem letting you in.

      b. When your hubby gets his citizenship you can file for adjustment of status

      c. In any case even if you loose your legal status here in the US, once your hubby becomes a citizen that can be waived also, thus making you eligible for a GC,provided you have entered the country leagally and are still present here in the US.
      d. Even if you have worked illegaly here in the US after you hubby becomes a citizen, when you apply for GC that fact can also be waived

      hope this helps
      F3
      My priority date - June 7, 2002


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