As of today, I'm on H4 Visa and currently studying.

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Recently my husband's employer has filed the PERM processing as a part of Green Card filing.As per estimation, we can file for I-140,I-485,EAD together, after 3-8 months (once PERM is approved).But I wanted to do COS from H4 to F1 so that I can do TA/RA.So I would like to know 1.What would happen during I-140,I-485,EAD processing later on if I do COS right now. 2.What are the documents needed at that time like Marriage Certificates, etc? 3.I've the H-4 visa stamp which I believe will prove I'm his spouse,but once I change to F1,will it still hold? 4.I've marriage certificate from my country which is in English & attested.Do we need to get the marriage certificate from US court as well?

Attorney Answers

3
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
1. Nothing. There is no connection. 2. Adjustment of status is a deliberate process which requires at the very least, reading the instructions to I-485 before filing anything. The information you asked about is there. 3. Visa stamp is not acceptable proof of marital relationship. The visa will remain valid for the duration of the visa foil validity in your passport, or your spouse's h1B status, whichever ends first.
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Alan Brinkmeier ·
I agree, you may proceed to translate.
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