AOS while Spouse on F-1 : any experiences

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140withVSC

Registered Users (C)
I am planning to go the CP route, but my attorney has advised that my wife (F-1 approved last year, but still has an H-4 stamp) will have to file for a change of status to H-4 before Packet 3 can be submitted to the consulate. While we can file for the change of status, I am bit nervous about going to the consulate if my case is considered less than "clean", and rather go the 485 route.

It will be very reassuring if folks who have been similar situation can share their experiences.

Thanks.
 
Why does your wife need to change status?

Going for CP doesn\'t violate F-1 status, although I would strongly suggest that she not leave the country until she goes for the CP interview.
 
The lawyers tell that they won\'t send Packet 3 before she files back for H-4..

We don\'t want for my wife to change her status nor have any plans to travel abroad prior to CP, but this is what my lawyer states:

IF you go 485:
"Your wife would not need to file for a Change of Status to H-4 if she files for AOS. Rather, her status would be changed after travel on advance parole and being readmitted to the US in "AOS pending" status."

IF you go CP:
"If your spouse is on an F-1 visa, she will need to change her status to H-4 prior to applying for an immigrant visa via consular processing. F-1 visa holders are not permitted to have "dual intent" [ie: they can not hold non-immigrant status under F-1 while pursuing permanent residence]. Your spouse must file for a change of status prior to us commencing consular processing, since once Packet 3 is filed, she is no longer holding valid legal status in the US under the F-1 visa."

Comments ?
 
This is Garbage

Dual Intent is only an issue when re-entering the United States, or changing status. So long as your wife does not need to renew her F-1 status, and you have no plans for her to leave the US until her consular interview, there\'s no problem.

Does your lawyer have any case law or INA excerpts that would justify his/her claim that immigrant intent automatically violates an existing, lawfully granted status? I\'ll bet no - it\'s just an excuse to cover lack of knowledge.
 
Appreciate your inputs, Canadian. I need to figure out a way to deal with my corporate lawyers...

I am hoping that folks who had their spouses on F-1 and successfull completed the 485/CP process would respond. I can use it to challenge my corporate lawyers..

Thanks for your response, am waiting for others to respond too...
 
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