Legal Question in Immigration Law in Michigan

I'm on F-1 visa, getting married to someone who has H-1

hello, Im currently on F-1 visa (international student), and will be getting married to someone who holds H-1, but have already is in the 1st GC stage. i am an EU citizen, and he is from different country. our marriage will most likely take place after he gets his labor certification approved. what are my options then, besides keeping my F-1 status? can we file for the 2nd stage of GC together, or should i get an H4 first? any input would be highly appreciated.

thanks


Asked on 8/04/04, 2:38 pm

2 Answers from Attorneys
Myron Morales Lee Lane Smith LLP

Re: I'm on F-1 visa, getting married to someone who has H-1

Once you are married, you can apply for the "green card" together. Until then, you should maintain some nonimmigrant status, whether it be F-1 or H-4.

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Answered on 8/04/04, 3:58 pm
Linda Allen Law Offices of LInda M Allen

Re: I'm on F-1 visa, getting married to someone who has H-1

Thank you for your email. Congratulations in advance on your upcoming wedding. You cannot be included on your spouse's labor certification application. As such you will need to either continue to go to school on your F-1 or will need to apply for an H-4. Once he applies for his green card (I-140/I-485) you may be included on this application (on I-485) and would be able to apply for work authorization and advanced parole. At this time you would move to the status of an alien with a pending green card and could forego your F-1 or H-4 as the case may be.

Please feel free to contact me directly with any questions or concerns at 619.233.0900.

Sincerely,

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Answered on 8/04/04, 5:13 pm


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