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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


  1. 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.


  2. Yes, if you both want it to

    Site: www.myattorneyusa.com email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.


  3. 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.


  4. 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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