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我家兒子綠卡身份和一個六年H1b快到期(10月份)的女孩結婚了.

請問一下我家兒子馬上可以遞交I-130嗎?

-Yes, but it may affect his wife to change her status to F1, B2, etc. due to immigration intent.

我家媳婦10月份H1B到期了還能留在美國嗎?

-Need to change to another status, e.g., F1, etc. Of course, if your son gets the US citizenship, then his wife does not need to change her status to F1, B2, etc. because her overstay does not affect her green card application approval in this case.

 

可不可以先申請學生身份,然後再遞交I-130申請綠卡?

-Yes and that is the better choice. 

謝謝8老師!