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

Asked over 1 year ago - 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. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree


    Answered . 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... more
  2. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . Yes, if you both want it to

    Site: email:; Phone: (866) 456-­8654; Fax: 212-964-0440;... more
  3. J Charles Ferrari

    Contributor Level 20

    Answered . 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... more
  4. Tripti Sharad Sharma

    Contributor Level 19

    Answered . 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.... more

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