If my fiancée (soon wife) is on a F1 visa right now, does she need to enroll into school to be a legal resident since she will convert her F1 to H4?

I am on a H1 visa. We are planning to get married next week on the 20th. My question is that I am asking this because I understand that the COS from F1 to H4 might take a few months and I don’t want her to be out of status.

Asked on August 11, 2014 under Immigration Law, Delaware

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

As long as she is in valid f-1 status at the time she files for the change of status to h-4 after marriage, it will be fine.  the cos will take a few months but it is important to be IN status at the time of filing.  she will not be out of status.  congratulations on your marriage and best of luck!


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