Add Spouse(F-1) to AOS

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zipzap

Registered Users (C)
So I had filed for AOS in Oct 2002. I plan to get married in Aug this year and would like to add my spouse.
Currently my Fiance is on an F-1 Visa. The thing I am concerned about is that the F-1 is not a Dual intent visa.
So here are my questions

- If he has a valid F-1 Stamp and we file for his GC does it pose any problems? He needs to travel outside the US sometime in Oct and I am wondering if he can travel on his F-1 without any risks.

- Can he travel on any other status and not the F-1? And if he does, does that completely change his status?

I would really appreciate you guys inputs.

Thanks!!!
 
zipzap, that is true, it could create problems though it entirely depends on IIO's mood.

You filed for AOS in Oct 2002, if your job is secure, to be very safe, he can travel on F1, then come back here, and then file for his AOS with yours.

Though chances that he will actually run into a problem are hella low. If you do decide to file his AOS, then make sure he gets his AP before he travels .. just to be safe.
 
Hi Zipzap,


- If he has a valid F-1 Stamp and we file for his GC does it pose any problems? He needs to travel outside the US sometime in Oct and I am wondering if he can travel on his F-1 without any risks.

- Can he travel on any other status and not the F-1? And if he does, does that completely change his status?

Never travel outside without AP and EAD in his F-1 case. F-1 will be invalid as your husband tries to enter the port. BTW, once he enters with AP and EAD, F-1 is invalid and his only remaining status is AOS pending.

Hope this will be useful for you.

Duke_of_CA
 
Thanks for the feedback you guys!

OK, Duke_of_CA I would like to clarify what you said.

Are you saying he should not try to enter on F-1 Status once his GC is filed?
Also, how does an officer at port of entry know that AOS has been filed. Wouldn't they just look at the valid F-1 stamp?

:confused:

Thanks!
 
Hi Zipzap,

I am not sure whether the port officer will find your status. But certainly the adjudicator will be able to figure out the situation. It is the consensus that the person is considered to give up his/her F-1 if he/she enters the US with AP/EAD while AOS pending.

SM's suggestion is good to follow. But be careful when doing so.

If the entrance date is too close to your spouse's AOS filing, it could be considered as a fraud and consequently jeopardizes your spouse's F-1/I485 status. The consequence may be serious.

Be cautious when the mood in this nation is not good to new immigrants.

Duke_of_CA
 
Thanks you guys for your feedback. I really appreciate your input.
I had some more questions :(

- Would it be a good idea for him to change his status from F-1 to H-4 ? And, if I apply for his H-4 while he is outside the country will that be better or while he is in the country.

- Can I apply for his EAD though I have already filed my AOS and he will be an add on. And if I do apply for his EAD will his EAD approval time also be as random even though I already have an EAD?



Thanks
 
Can't study on H4, though many people do.

Yes you can file for his EAD, probably a good idea to do so. His EAD will be processed independent of your app.

Good luck.
 
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