In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: My husband is a green card holder and I am an F-1 student. Can I stop school, stay, and work in the United States? For the answer to this question please keep watching. For more information about filing an I-130 as a green card holder, please click here.
If I marry a permanent resident in the US, without any other visa, can I now stay, live, and work in the United States?
Unfortunately, you cannot live and stay in the United States, without any other visa, even if your husband is a legal permanent resident (LPR), who is planning to file Form I-130 Petition for Alien Relative on your behalf. The fact that your LPR spouse is going to file the I-130 petition on your behalf, is NOT going to allow you to stay in the United States on that basis alone. This is because, for permanent residents, spousal visas are subject to a numerical limitation. Once the I-130 petition is filed, the immigrant spouse must wait until their priority date becomes current according to the visa bulletin. Once the petitioner becomes a US Citizen, a spouse visa then becomes immediately available. While their priority date becomes current, the immigrant spouse should remain in the United States in a different visa category, which in this situation would be in student visa status.
For more information please contact our office for a consultation.