AOS for spouse on F1 status and no visa stamp

[mahe0051]

My status is H-1B without visa stamp. My PD for GC is March 2003. I am thinking of filing I-485 for myself or my wife along with EAD and Advance Parole. She has current F1 status but no F-1visa stamp on her passport. She also has an expired H-4 stamp on her passport from the past.
Now, my question is that If she wants to enter US after a short trip to India after obtaining advance parole, can she able to enter without problem if she just show her passport and approved Advance Parole. She won't mention anything about her F1 status neither she will show her I-20. Her passport doesn't show that as well.

Also if I file both the application (mine and my wife) together, do I still have to attach a copy of my I-485 application with all the supporting documents of my I-485 with her application?
Any help on this matter would be really appreciated.
Thanks,

 

[TheRealCanadian]

Now, my question is that If she wants to enter US after a short trip to India after obtaining advance parole, can she able to enter without problem if she just show her passport and approved Advance Parole. She won't mention anything about her F1 status neither she will show her I-20. Her passport doesn't show that as well.

If she has an approved AP, she should be fine. Her former F-1 status shouldn't make any difference - she should tell the truth if asked.

Also if I file both the application (mine and my wife) together, do I still have to attach a copy of my I-485 application with all the supporting documents of my I-485 with her application?

Just file them all together.

 

[infostarved]

Note that she'll no longer be able to use her F-1 status if she reenters with an AP.

Use for what, you might ask. A specific case could be that she was on F1-OPT based EAD before she left the US and re-entered with AP. Upon re-entering she cannot work with her F1-OPT based EAD. To work she'll need a 485 based EAD.

If she has an approved AP, she should be fine. Her former F-1 status shouldn't make any difference - she should tell the truth if asked.



Just file them all together.