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Immigration Issues/Scholar H1B, green card, and marriage



My status is this. I finished my Ph.D and currently and looking for a job under OPT status. I have a pretty good chance of getting some academic jobs (tenure track) this year within April. So, I have no worry about my status. However, I have a Girl Friend under F-1 who already used OPT. For waiting for me, now she is back to F-1 again and will graduate her I-20 will expire in this June. I know that she have a grace period of two months. After that, she will overstay. Here are my questions.

1. if some how i got a green card, will this short illegal stay be a obstacle for issuing green card for her later?

2. To maintain here status without overstaying, if i marry to her now (at the embassy), can we use the marriage certificate and apply her the H4 while I am applying H1B at the same time.

Thanks for your help and hope to hear from you soon.

kindly regards

PS: this website is very helpful  

1.  She needs to maintain lawful status in the US at all times.  There are some exceptions but i cannot explain in detail what those are in this forum.
2.  If present in the US you can get married at any courthouse and then apply for her to have derivative status based upon your legal status.

***I would also suggest that you are a PH.D. that you look into filing a NIW.  I have helped numerous individuals like you obtain a green card.  You may forward me your updated CV with your journal publications and conference presentations for the evaluation.  You can send to my email address:
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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