Question:
I am a green card holder who is married to a student with an F-1 visa.
The student is here in the US. What would be the process for her to
apply for the greencard after we get married. Does she have to be in her
native country to get the visa?
How would we go about the process of getting her permanent residency
without her going back to her native country.
Answer:
As a green card holder, your options are more limited than a US citizen.
You could sponsor her for a green card now, but it would take several years
to process and would not allow her to stay in the US after completion of
study. She could also follow her own route to a green card, i.e. use her
practical training, get an H-1, and then a green card off her own bat.
Regardless of which of these is followed, if you become a US citizen, the
process is sped up enormously.
Thus, one of the first things to consider is how soon you can become a
citizen and how long she has left on the F-1. If you just got your GC and
still have to wait 5 years, then it is probably going to be better for her to
stick with her F-1. If you're close to becoming a citizen, it may be easiest
to get that done and then apply for her.
My thoughts only, not legal advice.
A friend of mine has a H1 and she wants to get a Green Card. What is the
process she has to go through? She did her training in Art and currently
works for a newspaper (Associate degree and have 8 years working
experience within the field).
This information will be very useful since her H1 is up March 1998. If
not Green Card, what else is a possible option.
Another option she is considering is getting her F1 and finish up
college. Unfortunately she does not have any savings to prove support.
Is F1 a possibility?
Left for someone who knows about H-1's.
Depends if it is her second H-1 term. I believe you can renew the H-1 once,
but see above.
Before the school will issue an I-20 form, she will need to show support from
somewhere. This could take the form of an assistantship or other funding from
the school (i.e. not necessarily savings). But, she will need to have funds
from _somewhere_ before the school issues an I-20, and thus before she can
obtain an F-1.
The straightest way is to get sponsored by the employer. I do not know how
easy it is with her background, but the whole is pretty long... 2.5 - 3
years in California in Software Engineering field.
I believe there is a limit of 6 years in ones lifetime where one can be
holder of an H-1. H-1 is usually granted for 3 years, so it can be extended
another 3 years. But then it's over.
You file an I-130 for her with a Regional Service Center. But since
there is about a 5 year waiting period before this does her any good, in
fact she probably won't get her PR until you become a citizen.
Warning: Filing an I-130 does not give your spouse any right to remain
in the U.S. Therefore it is critical that she continue to maintain her
student status. Further, if she leaves the country, even to go to Canada
for lunch, she probably will not be admitted back in if the INS learns
she is married to a PR.
If she is still in the U.S. when you become a citizen, then she mail
become a permanent resident by filiing form I-485 with a local INS
office.
Does she have to be in her
holder of an H-1. H-1 is usually granted for 3 years, so it can be
extended another 3 years. But then it's over.
LIMIT IS NOT FOR LIFETIME. 6 years at a stretch (or with breaks of less
than a year outside US). THAT MEANS, after 6 years, if you are outside US
for 1 year, you can be again eligible for H1B for another 6 years.
