Legal Question in Immigration Law in California

F-1 married a resident alien

i have an F1 visa and i married a resident alien. What is the best way for me to change my status?


Asked on 8/18/04, 2:48 am

2 Answers from Attorneys

Myron Morales Lee Lane Smith LLP

Re: F-1 married a resident alien

You should apply for an adjustment of status to that of a lawful permanent resident.

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Answered on 8/18/04, 6:57 am

Re: F-1 married a resident alien

Hi,

As you may know a resident alien can not provide immediate immigration benefits to his spouse, you will need to wait a few years and in the meantime maintain legal status like a student.

Once he becomes a citizen he could give you immediate benefits and you could get a green card. He will need to become a citizen as soon as possible.

Alternatively, you could apply for h1b visa while your resident husband files for you, and after 3 years you could qualify for the new V visa based on marriage to a resident. The v visa will allow you to work while you wait for the case to be approved.

Feel free to get in touch with other questions re the above.

Jacob Sapochnick

619-819-9204

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Answered on 8/18/04, 12:01 pm


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