f1 to AOS?

[kcguy2004]

Hi All,

My fiancee is here in the US on an F1. Her 120 expires at the end of this month.

I'm in AOS. I have EAD, AP etc.
Unfortunately I've fallen into the Retrogression trap with a RD of Oct 2002.
What are the consequences of doing a civil marrige and then attaching her to my 485?
Will she be able to stay here by getting an EAD and AP right away?
I'm trying to avoid making her wait 4-5 years for me in India...

Appreciate it,

 

[sriram1975]

Hi All,

My fiancee is here in the US on an F1. Her 120 expires at the end of this month.

I'm in AOS. I have EAD, AP etc.
Unfortunately I've fallen into the Retrogression trap with a RD of Oct 2002.
What are the consequences of doing a civil marrige and then attaching her to my 485?
Will she be able to stay here by getting an EAD and AP right away?
I'm trying to avoid making her wait 4-5 years for me in India...

Appreciate it,

I think the only option is to wait for your PD to become current. Remember, she can stay here for upto 6 months (out of status) without incurring penalties. When it becomes current you can file her 485 then.