Green Card Application and Spouse's F-1 Status
Feb 18th 2001, 3:42 pm
#1
Guest
Posts: n/a
I have the following question:
If a person working on an H1 visa gets approved for a green card (EB1), and spouse is on a
separate F-1, can spouse receive the green card as well? are there any limitations
inherent in spouse being in F-1 status?
--
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If a person working on an H1 visa gets approved for a green card (EB1), and spouse is on a
separate F-1, can spouse receive the green card as well? are there any limitations
inherent in spouse being in F-1 status?
--
Posted from pop162-leg.mail.com [165.251.32.54] via Mailgate.ORG Server -
http://www.Mailgate.ORG
Feb 21st 2001, 7:46 pm
#2
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Posts: n/a
Amit Solmon wrote:
> I have the following question:
>
> If a person working on an H1 visa gets approved for a green card (EB1), and spouse is on
> a separate F-1, can spouse receive the green card as well? are there any limitations
> inherent in spouse being in F-1 status?
The approval of an employment based immigrant petition (Form I-140) makes the beneficiary
(alien who is offered the job) eligible to obtain permanent resident status, as well as
the spouse and minor unmarried children of the alien.
It does not matter which temporary status the spouse holds, as long as it is valid.
> I have the following question:
>
> If a person working on an H1 visa gets approved for a green card (EB1), and spouse is on
> a separate F-1, can spouse receive the green card as well? are there any limitations
> inherent in spouse being in F-1 status?
The approval of an employment based immigrant petition (Form I-140) makes the beneficiary
(alien who is offered the job) eligible to obtain permanent resident status, as well as
the spouse and minor unmarried children of the alien.
It does not matter which temporary status the spouse holds, as long as it is valid.
Mar 12th 2001, 5:21 am
#3
Guest
Posts: n/a
It does not matter which temporary status the spouse holds,
>
Would the F-1 spouse have problems re-entering the US after travel abroad? A colleague in
this situation figures his wife will be fine to go out and present a paper in Europe.
--
Gary L. Dare [email protected]
Ripco, Chicago's Oldest Online Information Service
>
Would the F-1 spouse have problems re-entering the US after travel abroad? A colleague in
this situation figures his wife will be fine to go out and present a paper in Europe.
--
Gary L. Dare [email protected]
Ripco, Chicago's Oldest Online Information Service
Mar 17th 2001, 2:42 am
#4
Guest
Posts: n/a
"Gary L. Dare" wrote:
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If the spouse does not have a valid F-1 visa stamp in the passport, and has to obtain
one before re-entering the U.S., the risk of refusal is fairly high.
If the spouse has a valid F-1 visa, and is expected to return to the U.S. to continue
an ongoing F-1 program, the risk is much less. Especially if she is alone, the INS
officer probably will not question her in a way which will reveal the immigrant
intent problem. However, there is still some risk that the INS officer at the port of
entry will refuse her entry because of immigrant intent.
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If the spouse does not have a valid F-1 visa stamp in the passport, and has to obtain
one before re-entering the U.S., the risk of refusal is fairly high.
If the spouse has a valid F-1 visa, and is expected to return to the U.S. to continue
an ongoing F-1 program, the risk is much less. Especially if she is alone, the INS
officer probably will not question her in a way which will reveal the immigrant
intent problem. However, there is still some risk that the INS officer at the port of
entry will refuse her entry because of immigrant intent.
