currently applied for I-485, wife on F1, travel??

[macktheknife2]

Hello,

I am an Indian citizen. I have already applied for I-485 AOS. I also have a valid H1 and EAD and Advanced Parole (all expire in 2005). I recently got court married in USA.

My wife is a Zambian citizen. She is currently on F1 with OPT. OPT expires in July 2004. I have NOT YET applied to add her to my I-485 AOS status or get her H4 status.

We want to Travel to India soon. When my wife leaves the country does she have to apply for H4 to enter USA back? Can she not use her F1 visa and I-120 and OPT which are all currently valid and multiple entry to come back to USA?

If she DOES have to use H4, does anyone know how to do this. Can someone from Zambia apply for H4 visa in India?

Any details or help will be appreciated.

Thanks
N.

 

[sinjeti]

My Wife was also on F1 when we got married. She returned
to US using F1. No need for H4. You will need H4 if she applies for 485.

I am not sure whether US embassy in India will grant H4 for non Indian citizens.

 

[jllag1]

Originally posted by sinjeti
You will need H4 if she applies for 485.

She does not NEED H4 to apply for 485, but its preferrable to have H4. She might not have problem entering US on F1, but it is always preferrable to enter on H4 as it is dual intent. If at POE, the officer finds out that you have applied for AOS, they can deny her entry on F1 (a very slim chance) assuming immigration intent. But no such problem on H4. But on the other hand, she will loose her OPT when she gets her H4 and will have to wait until she gets back, applies for EAD and 485 and gets EAD.