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Filed: Other Country: Zimbabwe
Timeline
Posted

What happens if a green card holder marries an F-1 student in the United States?

Will the F-1 student lose or risk their visa upon marriage?

Will the F-1 student lose or risk their visa upon an I-130 petition (F2A: Spouse of Permanent Resident)?

I understand the foreign spouse becomes ineligible for any new non-immigrant visa while the I-130 petition is active?

F2A is processing up to Sept 2013 currently, but I read it is expected to "retrogress" (meaning they move it backwards?) So it's unclear whether the interview will come up before the F-1 student has completed school.

If the date did come up while the student was in the United States, the student would need to leave the United States in order to interview at a foreign consulate??

moderators are ignorant of immigration law, use Quora or another forum

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Moved to Adjustment of Status from Work, Student, & Tourist Visas, from IR1/CR1 Process~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Posted

What happens if a green card holder marries an F-1 student in the United States? Nothing.

Will the F-1 student lose or risk their visa upon marriage? No.

Will the F-1 student lose or risk their visa upon an I-130 petition (F2A: Spouse of Permanent Resident)? No.

I understand the foreign spouse becomes ineligible for any new non-immigrant visa while the I-130 petition is active? Not true.

F2A is processing up to Sept 2013 currently, but I read it is expected to "retrogress" (meaning they move it backwards?) So it's unclear whether the interview will come up before the F-1 student has completed school.

If the date did come up while the student was in the United States, the student would need to leave the United States in order to interview at a foreign consulate??

Answers in red above.

To the last two questions, if your petition is approved and your visa number becomes current (and the student maintains status), then the student could file a I-485 from within the US and interview here. If the student visa is up and the I-130 visa number is not current, then the student would need to leave the US and follow the consular processing abroad to return to the US.

Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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