08/19/2014
Student visa holder married green card holder, what can she do?
[The following paid consultation question is taken from the Guru's past client files.]
Dear GuruImmigration,
My sister is a F1--name removed--currently maintaining status. She married a Green Card Holder (DV) in April 2009. They have not filed any petition yet as she wanted to continue studies as a F-1. They have been living together.
She is going to graduate in May 2010. Now she wants to file family petition and remain in the US with her husband.
(1) Do we file I-130, I-485, I-765, I-131 together at the same time?
(2) Can she remain in the US until there is a decision on her I-130 OR will she have to continue going to school?
Answer:
The husband is a legal permanent resident (LPR or green-card holder) and can only file an I-130 for your sister. The I-485 application to adjust status to permanent residence CANNOT...(more at http://wp.me/psE4a-1f)
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