485 and F1 visa

yeehaw!

Registered Users (C)
A friend of mine currently on H1 visa is just started his GC process. His wife (currently on H4) wants to do her masters by transferring to F1 visa. We have the following questions.

(1) Supposing his priority dates become current before she completes her masters (on F1) and he needs to apply for 485, can his wife join on to the 485 from F1.

(2) To get the F1 visa she may need to travel to India or canada. Will it be a problem to obtain the F1 visa because her husband is applied for permenant residence.

Any information /opinions will be very helpful. Thank you
 
yeehaw! said:
(1) Supposing his priority dates become current before she completes her masters (on F1) and he needs to apply for 485, can his wife join on to the 485 from F1.

Yes, she should be able to file the I-485.

(2) To get the F1 visa she may need to travel to India or canada. Will it be a problem to obtain the F1 visa because her husband is applied for permenant residence.

Possible, but doubtful. The harder question for her to answer is what to claim as her foreign residence, since she and her spouse live in the US.

Why doesn't she simply study on an H4?
 
Yes, she should be able to file the I-485.
Quote:
(2) To get the F1 visa she may need to travel to India or canada. Will it be a problem to obtain the F1 visa because her husband is applied for permenant residence.

Possible, but doubtful. The harder question for her to answer is what to claim as her foreign residence, since she and her spouse live in the US.

Why doesn't she simply study on an H4?
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Thank you. She can possibly obtain a fee waiver and fellowship /assistantship with F1 which makes the education much less expensive.
 
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