Legal Question in Immigration Law in New York

F1 Student getting married and having a baby

Hello,

Well its a general question really. Can a student on an F1 visa in the US get married to a non-US citizen (permanent resident). If the answer is Yes, can she keep her F1 status after marriage? Also, what happens if she becomes pregnant and delivers in the US. Would she stay in status (F1) and what about the baby?

Thanks.


Asked on 9/15/03, 8:32 pm

1 Answer from Attorneys
Myron Morales Lee Lane Smith LLP

Re: F1 Student getting married and having a baby

Yes, F1 can marry LPR. LPR can petition for F1 to also become an LPR or she can maintain F1 status. The baby would be a U.S. citizen if born in U.S., but it would not effect the mother's status.

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Answered on 9/16/03, 9:37 am


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