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198 Will my spouse qualify for greencard with me even if she is on a non-dependent visa like F1 ?




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This article is from the FAQ, by with numerous contributions by others.

198 Will my spouse qualify for greencard with me even if she is on a non-dependent visa like F1 ?

Yes. Spouse and Kids qualify for greencard irrespective (except for J1)
of the type of visa, as long as they are on a valid visa in USA.
The type of visa of the spouse/kids does matter. If the spouse/kids
are on a J-1/J-2 visa with a 2yr HRR, they may not adjust status to
permanent residency unless
(1) They have served the HRR
(2) Or have obtained a waiver of the HRR.



 

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previous page: 197 If one were waiting for a GC date to become current, after one got one's labor certification AND the 6 year limit on H-1B expires while waiting, will one have to leave the country ?
  
page up: USA Visa and Immigration FAQ
  
next page: 199 At what point spousal petitions can be attached to the forms I-140/485 ? I-140 part 7 clearly asks for a list of dependents. Can a person file I-140, get married and then petition for his/her spouse on the I-485?