Applying 485 for spouse on F1 -- Help!

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snehagc

Registered Users (C)
Hello all..
I need all your valuable suggestions on my scenario:

I am on an H1, applied for I140 and I485 in Dec 03. Both are pending at this point. My fiancee is on an F1 and has 1.5 years to go before she completes her PhD.
We are getting married in India this December.

- What would happen to her status if I add her to my 485 application after marriage?
- Can she continue to be on F1 till she finishes her studies or until a decision is made on I485 application whichever is earlier?
- On an F1, she is on a research grant i.e. she is getting paid. Would it be Legal to continue on the research and getting paid and if so on what status (H4? EAD?)

- What are my options?

Please note that my I140 is still pending.

Thanks in advance. Any help\suggestions is highly appreciated.
 
Well ur options are

1) wife enters on F1 (assuming already approved and stamped etc), Files for I-485 and EAD, switches to EAD once it comes, henceforth travels on AP.

2) wife enters on F1 stays taht way, risk is that ur 485 gets approved and u cannot let her join as dependant.

3) she joins u on H4, will have to forego the assistantship till she aplies for 485 and EAD and gets EAD.

Good Luck
 
Thanks for the prompt reply.

She is already here in US on F1.

-If I were to now apply for her 485 and EAD, what happens to her status?
what I mean is do I need to apply for her change in status to H4 and also apply 485 at the same time, so that she continues studies on H4.

- How would EAD help with her continuing to study? can she still study if she shifts to EAD and get paid?

- If I apply for her change in status to H4 (within US), do I have to wait till it gets approved, before applying for 485.

I know I am asking too many questions. Please bear with me. I would be consulting an attorney too..Would really appreciate any opinions\suggestions so that I can explore all possibilites.
 
snehagc said:
Thanks for the prompt reply.

She is already here in US on F1.

-If I were to now apply for her 485 and EAD, what happens to her status?
what I mean is do I need to apply for her change in status to H4 and also apply 485 at the same time, so that she continues studies on H4.

When you file for I-485 she automatically goes to AOS pending status.

- How would EAD help with her continuing to study? can she still study if she shifts to EAD and get paid?
EAD gives her permission to work and also keep her status On H4 she cannot work, and cant use EAD at the same time.

- If I apply for her change in status to H4 (within US), do I have to wait till it gets approved, before applying for 485.
Thats ur call
I know I am asking too many questions. Please bear with me. I would be consulting an attorney too..Would really appreciate any opinions\suggestions so that I can explore all possibilites.
Click to expand...
 
Thanks waitin_toolong.

Based on some research - lawyer, the schools admissions office, other people (waitin_toolong + more) and google, these seem to be the best solutions:

- The spouse can continue to be on F1 EVEN AFTER I485 is applied for that person OR transfer over to EAD obtained from 485 application.

- Preferable to be on F1 if I140 is not yet approved, cos if I140 and\or I1485 gets denied, EAD gets revoked
- If planning to continue on F1, no need to apply for EAD at all.

Thought I should post this, as it may be useful down the line for someone else too (unless they change the rules!).

If anyone has any other thoughts or thinks otherwise, please post. This would benefit other people too and I can inquire accordingly.
 
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