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Does an f1 student marrying a h1b holder whose green card is being process affect either party ?

Fremont, CA |

If an f1 student currently doing her masters in USA , marries an H1b visa holder whose green card process has started , will it affect either parties ? The green card process of the husband would be somewhere around the I140 stage at the time of marriage . The girl and boy would come to India , get married and then fly back to the USA . Will there be any difficulties during any of these stages in this particular situation ? Appreciate your help .

Attorney Answers 4

Posted

No, it will not affect any party at this stage, since I assume the employer barely filed or is about to file the PERM application, the first step in the employment-based green card process.

Once the PERM is approved and the employer moves on to the I-140 petitioning stage with USCIS, the wife's name better be included in the petition, in order for the wife to be able to adjust status together with her husband once the husband"s priority date becomes current.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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8 comments

Asker

Posted

At what stage can the wife be included in the green card application of the husband? Is it only during I140 or even later during I485?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

It is very important that the spouse be included (named) when filing the I-140.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

I hope my responses were helpful. Don't forget to designate a ""Helpful" and "Best Answer" to this question.

Asker

Posted

Thank you for your response. But what if the girl is not yet married to the green card applicant at the time I140 is filed and the marriage happens only at a later date?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Then you do your best to include her at a later date. Talk to your employer's immigration attorney at once.

Asker

Posted

One last question. For the spouse to be included in the greencard application is it ok if she is on an F1 visa at the time? Or does she have to convert to an H4 in order be included in the greencard application of the husband?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

F1 is OK for inclusion either at the I-140 or I-485 stage.

Asker

Posted

Thank u..your answers have been very helpful

Posted

Yes, if you both want it to

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Posted

The answer to your question depends on exactly what you mean be "affect either party." The marriage would give the F-1 spouse the ability to change status to H-4, and to immigrate with the H-1B spouse.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

Marriage will not affect the green card process or status of either party. When you enter, use F-1 if you wish to go back to school, or use H-4 if you will follow-to-join your H-1B spouse.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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1 comment

Asker

Posted

The spouse would like to continue using an F1 Visa till her studies are completed. Is it possible to add an F1 Visa holder to a greencard application?At what stage can the wife be included in the green card application of the husband? Is it only during I140 or even later during I485?

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