GC holder sponsoring F1 spouse


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Hello,

I have a GC and my fiance is on F1. I am looking to sponsor her GC while not affecting her ability to stay in the US.

* She will graduate and will have to apply for OPT and H1B during the waiting period for Family 2 category. Will a pending GC application negatively affect OPT/H1B application?

OR

* Can we get married and decide to not apply for GC right away? When she applies for OPT/H1B, will she have to declare that she is married to a GC holder? Will this negatively impact her OPT/H1B application? Will this negatively impact her F1 visa renewal if she were to go out of US and re-enter?

thank you very much for your advise.

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Once an I-130 is filed, any change to the F1 (like getting OPT) or trying to enter on the F1 would be impossible, since the I-130 shows immigration intent, and that's incompatible with the F1.

If the forms ask if she is married she would of course have to confirm that if she indeed is married. Always be truthful to immigration officials and in immigration forms. Being married to an LPR also puts the lack of immigration intent into doubt. Common sense says that spouses usually live together...

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