Legal Question in Immigration Law in Massachusetts

F1 marrying Green Card holder
My fiance has been a green card holder for 3.5 years. I'm currently on F1 student visa. We plan to get married soon with only one concern: once I'm married to a US permanent resident, does that automatically imply an intention to immigrate, thus disqualify me from applying for F1 visa again if I leave US for vacation and seek to re-enter later? If that's the case, what's the best option for me?

Asked on 7/19/04, 11:08 am

2 Answers from Attorneys

Sameer Kumar Law Offices of Sameer Kumar, P.C.

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Re: F1 marrying Green Card holder

If you file a petition for alien relative there will certainly be and indication that you intend to reside in the U.S. permanently. One option might be to convert to a dual-intent visa such as an H-1 and then continue processing your paperwork through your fiancee. There are often several options in these types of cases. I would encourage you to speak to an attorney in detail and see what options apply to your particular case. If you would like to speak to us you can reach us at (732) 985-1310.

Sincerely,

Sameer Kumar

Answered on 7/19/04, 11:18 am

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Myron Morales Lee Lane Smith LLP

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Re: F1 marrying Green Card holder

It does not automatically disqualify you if you can still show nonimmigrant intent. However, submitting an application for permanent residence may have some worthwhile benefits that you should consider if your long range plans are to remain in the United States after graduation.

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Answered on 7/19/04, 1:00 pm

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