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I-visa holder marrying F-1 visa holder in USA

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  • I-visa holder marrying F-1 visa holder in USA

    Hello,

    I have a I media visa and I want to marry someone with a F1 student visa.
    I work and he goes to school and we are planning on getting married in February.
    We are very worried because we heard one of us will lose its status.
    Please can you tell us what's going to happen to our statuses?

    Will I need to adjust my status after the wedding or will he?

    If he does, will he benefit from my status or will he still be a F1 visa student? And what will be my new status?

    Thank you so much for your guidance.

    Regards,

  • #2
    Neither of you would lose status automatically just because you got married.

    Either one of you would have to file for a Change of Status, to F-2 or I-2.

    You will not be adjusting status to nothing... she is a student, non-immigrant, and so are you (a non-immigrant worker).

    There is no benefits to either one of you change status, except that if she becomes your dependent (I-2) then she can continue studying and her status in the USA depends on yours and for how long you are able to renew your I-1 visa.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      thank you very much for the clarification!

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      • #4
        What if I file an I-589 (Application for Asylum and for Withholding of Removal) and later marries him. Will it be possible for him to get derivatives?
        We are just trying to start our family/life and it seems very difficult given our statuses...
        Thanks for your help.

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        • #5
          Applying for asylum is a WHOLE different thing. You should consult with a lawyer and see what would be best for you two.
          Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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