I am a green card holder from France and my fiancee is a H1B from Korea which expires 5/11 and is being filed for renewal. We initially planned to get married in 5/11 and file I-130 however retrogression moved from 6 months to 3 years. If her H1B is not approved by immigration:
1) If I file I-130 in 05/11, would this prevent her from obtaining some visas to stay in the US such as F1 as I understand that I-130 gives an immigration intent?
2) What are the options for her to stay in the US? We can only think of F1 for now.
3) Would it be an issue that she files for F1 first and then get married/file I-130 shortly as F1 was originally non-immigration intent?
4) As she has a bachelor's degree already, would she be required to file F1 for a masters or any level of degree is OK?