Hi, I’m a F1 student recently married to an LPR . My husband has filed the I-130 .

Immigration 6 views 4 answers
I will be done with my current Masters this coming April 2014. I understand if I have to stay in the US I have to maintain my own independent visa status. So if I decide to do another Master’s , I mean enroll for a new Master program after I graduate in April this year to continue to maintain a valid F1 status , will that be considered fine ? And I’m I eligible to enroll for a new Master’s program after I graduate while my I-130 is in process ? Is that considered valid by USCIS, can I do that ? Thanks

Attorney Answers

4
Barbara Marcouiller ·
You will have a difficult time getting a student visa given that you are married to an LPR and have an I-130 pending. An F-1 requires you to show you do not intend to immigrate. You should discuss this in more detail with an attorney including your husband's eligibility to naturalize.
0 upvotes
Maria Marty ·
Check with the DSO regarding gap between programs.
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Ralph Hua 1902219.Html ·
When you go from one F-1 program to another, you need to get a new I-20 from the new program. This is done by the DSO. (Sometimes you want to make sure the DSOs from both programs coordinate properly to avoid any transfer errors.) F-1 transfer doesn't require you to file any extension application with the USCIS, unless somehow you violated your status or your SEVIS is terminated or messed up. The normal F-1 program transfer doesn't involve a new review of your immigration intent. It is still possible to transfer to a new program even if an I-130 has been approved. However, you need to consult an immigration lawyer to determine that assuming you can successfully maintain your status until your priority date is current whether there is any reason that makes you ineligible for adjustment of status.
0 upvotes

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