Applying gc for F1 spouse

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CTCitizen2006

Registered Users (C)
Need help from this forum on our situation

I am a US Citizen and my husband is a F1 visa holder. We are planning to apply for I130 and I485 with EAD/AP applications end of this week. In the last week of Oct, we have to travel out of the country.

Question 1 is - Can my husband travel on his F1 visa which is valid till next year if he has not received his AP?

Question 2 is - When INS says pending I485 application, when does that status start? When he interviews or when he applies?

Thanks so much for your help!
CTCitizen2006
 
1. He cannot enter back on his F-1 visa because by applying for I-130 and I-485, you have shown immigrant intent and F-1 is a non-immigrant visa. AP should be used to get back to the US.

2. To the best of my knowledge the pending I-485 applications is when you get NOA on your applications. From that point on he is AOS Pending.
 
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