Visa issues

<p>Hello everyone,</p>

<p>I have a couple of questions regarding visa issues. Questions are not so much on the visa application, but rather about afterwards.</p>

<p>So, I will probably start with an F-1 visa. But I would like to know what would happen if I applied (and, for instance, WON) to the Green Card Lotery. I would need to go back to my country to get the green card? Would it interfere with my F-1 visa and jeopardize my whole studies?</p>

<p>Also, if I choose not to apply to the green card, how long can I stay in the US after graduation? When my F-1 visa expires, I am just considered like a regular, normal tourist? Which would mean that I would have to find a company in the US willing to pay a visa to me?</p>

<p>In a college, companies would be coming for job placements. If you are good enough and get a job then your visa would be transformed into H1 B Visa...then I think you can apply to the Green Card and live the american dream and get your children into US school so that they don't undergo the stress we are going through. Fair Enough? LOL...Absit Invidia.</p>

<p>Really???!!!
What about green card while being on F-1?</p>

<p>Also, another question that is not quite related to the thread (or, maybe a bit after all!!! College is where you are supposed to meet your bride no?!)
What if, as a french, I marry an american? Can she get a French passport (therefore european "citizenship") and can I get a green card automatically?
I heard that in this case, one has to give up his nationality. Which would suck!</p>

<p><a href="http://talk.collegeconfidential.com/international-students/449235-truth-about-studying-us.html%5B/url%5D"&gt;http://talk.collegeconfidential.com/international-students/449235-truth-about-studying-us.html&lt;/a&gt;&lt;/p>

<p>the thread does not answer your questions directly but visa issues are addressed</p>

<p>Too much thinking can also ruin ya. Get there first...then the bride would come in if she have to. But then your expenses are bound to increase..</p>

<p>Winning the Green Card lottery is a long shot but it is possible. I discussed some of the same concerns you have with an immigration lawyer because I was lucky to with the 2008 DV-lottery.</p>

<p>Signing up for the GC lottery will not affect your F-1 status/application (winning might, but more about that later). When you win the lottery you will receive a notification along with a few other documents you have to fill out and return to Kentucky. Among other things you will be asked to decide between consular processing abroad and adjustment of status in the US. If you are currently in the States at the time of notification, you can pick adjustment of status and you will not have to leave the country for your visa application. If you are not in the States at that point in time, you have to chose consular processing abroad and then return to your home country for the interview, even if you move to the States in the meantime.</p>

<p>Consular processing has its advantages even if you are in the States at that point in time. For example, consular processing in your own country requires only the original version of some official documents (birth certificate, police records, high school diploma...) along with photocopies, while for adjustment of status you need those same documents along with certified translations if they are not in English. Secondly, I am not quite sure how long it takes to adjust status. I chose consular processing, and I just needed to leave the States for two weeks (to do the interview abroad) and now I can re-enter the States as a permanent resident.</p>

<p>Back to possible complications with your F-1 visa: applying for and winning the lottery will not affect your F-1 status. However if you win the lottery before you have applied for your F-1 visa, you have to pick consular processing at which point in time the consulate in your home country will be informed about your "petition for immigration". If you apply for a F-1 visa afterwards, you might be denied a visa because you clearly demonstrated an intent to immigrate.</p>

<p>About your other questions:</p>

<p>You are allowed to remain in the country for 60 days after graduation ("grace period"), and another 12 months if you have your full time of OPT (optional practical training) left. </p>

<p>Getting a H-1B working visa is not quite that easy if you want to work straight out of college with a Bachelor's degree. The reason is that you need to have a Bachelor's degree by the time an employer petitions for your visa. However, that happens in early April before you graduate (at least right now because there is a shortage of H-1Bs) so you cannot apply for a H-1B in the year you graduate. One might think that you could gap that year with your 12 months of OPT and then apply for a H-1B the next year. The problem is that the H-1B wouldn't be valid until October, so you have a period of at least two months (if you max out your grace period) in which you are not allowed to work legally. How many employers would be fine with that? Possible ways around this are going to grad school first or arranging to graduate at the end of the fall semester instead of the end of the spring semester like most other students.</p>

<p>If you marry an American citizen AND you intend live in the States, you can apply for a GC (technically you could also apply for a GC if you did not intend to live in the States, but you would lose it again pretty quickly). Of course you only get it after an extensive background check, and it would be conditional for the first two years (meaning if you divorce early you will lose your GC). At first you would only get a GC and NOT an American passport. However, you can start the naturalization process after having your GC and continuously living in the States for three years (you are only allowed a certain number of months abroad). Whether or not you can keep your French citizenship depends on the laws of France (the US is fine with dual citizenships). I assume that laws in France also state that your wife would only get a French passport if you actually lived in France, so it is unlikely that you and your wife would both acquire each other's citizenships.</p>

<p>Another thing about getting married: I would advise against getting married in the States on your F-1 visa because the adjustment of status procedure takes a while (I have heard stories of upwards one year). The alternative is to apply for a K-1 visa; it is a special visa category for people who intend to marry an American citizen and take up indefinite residence in the States afterwards. After you get your K-1 visa you have to marry within 90 days. The advantage is that the adjustment of status procedure will be a lot faster and you can even get an employment authorization before the marriage takes place.</p>

<p>Edit: Disclaimer - I am not an immigration lawyer and I cannot guarantee for the correctness of anything I have stated.</p>

<p>barium u rock!!</p>

<p>I second mohak...</p>

<p>@ barium: What information are included in the SEVIS??</p>

<p>thank u barium!</p>

<p>I love you guys :)</p>

<p>jasonshah, I am afraid I cannot tell you anything about SEVIS. All I know is that my college completed the form and paid the fees for me and just sent me the confirmation which I never really looked at. But I am sure that someone else here can help you.</p>

<p>Hi, I am an ex f1 student who won the dv lottery 2009. I returned to my home country after studying, but worked without employment authorization while I was studying on my SSN. All taxes were filed and paid.</p>

<p>I am doing counsular processing and was wondering if I would be denied the visa because of my illegal employment. Maybe the question should be if there is any chance of an approval for my case?</p>

<p>Can anyone assist me? Thanks very much!</p>

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<p>wow man, you really shouldnt have done that. working illegally is a no-no in the first place. you better hope US immigration doesnt find out (which is...highly unlikely) or turns a blind eye on it. otherwise...youre gonna have a few problems. </p>

<p>cheers.</p>