F-1 visa and I-140

[ur ok]

Dear All:

Could you please help me out?

I submitted my I-140 applications to an INS center and my wife will go to Mexico to get her F-1 visa. My questions are:

Will my wife\'s F-1 visa application affect my I-140 applications?

Will my I-140 applications affect my wife\'s F-1 visa application?

Thanks.

OK

 

[Manev]

F1 & I-140

I am in a similar situation, and i had posted similar queries earlier (under F & H visas, and also under I-140 & I-485 discussion lists). You can do a keyword search for "Manev" and see responses received for my query.

Bottom line : it is probably not a good idea for your wife to apply for F-1 while your I-140 is pending (i\'m assuming that your wife intends to immigrate along with you when your I-140 petition is approved).

Why : F-1 is a non-immigrant visa. While applying for F-1 your wife will have to make signed declarations to the effect that there is no intention to immigrate. If these declarations are made, she will probably get the F-1, but this may potentially create trouble later on when she wants to immigrate.

In our case, we decided not to file for F-1 for my wife. Instead she will go to school on her H-4 status (this is allowed). When my I-140 is approved (hopefully this year!!), she will become eligible to receive a work permit (EAD) which would then allow her to work.

Hope this helps.

 

[ur ok]

Thank you very much, Manev. Do I still need to search for your old postings? I am clear!