Legal Question in Immigration Law in California

I am in the US on student visa for 3 years now. I met a guy and we want to get married. He has green card. My question is: can I marry somebody with green card and do I have to keep my student visa status?


Asked on 7/05/12, 8:49 pm

2 Answers from Attorneys

Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

You must maintain underlying nonimmigrant visa status when an immigrant petition in the F2A category is filed by your permanent resident spouse. You cannot remain legally in the U.S. solely based on the sponsorship. Additional information is here: www.h1b1.com/sponsor.htm

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Answered on 7/06/12, 6:58 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

It is going to take quite a while for you to obtain U.S. permanent residency through your prospective spouse, if he only has a greencard. Once your F-1 visa status ends (due to graduation, dropping out, or other circumstances terminating your D/S), you need to consider how you are going to maintain your non-immigrant visa status.

Also, how soon can your prospective spouse apply for naturalization? If you are going to marry him, it would be to your utmost benefit if he was a U.S. citizen!

Please contact me if you have any further questions. Thank you!

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Answered on 7/06/12, 9:24 am


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