dBIR said:Once you file a i-485 you are allowed to stay no matter your status is until the i-485 is processed and a decison is made.
She can only start working when she gets her EAD(I-765) which will take about 1-3 months after notice date.
If you dont want any problems get married before her F-1 is terminated which will happen if she leaves the school. She can leave the school after filing i-485.
You have 180 days to file i485(and get notice) after f-1 is terminated otherwise she has to leave the country
familybased said:dBIR,
Did you notice that GCGUY is LPR status?.
To GCGUY:
No, your spouse cannot file I-485 until her F2A priority date is current or you become USC. Your spouse must maintain her legal non-immigration status and pay out-of-state tuition in the most states if she is under F-1 student status during wait time. your spouse may have difficulty to receive any non-immigration visa due to immigration intend if she lives abroad after you file I-130 unless she applies H-1 or L-1 visa.
If your spouse falls out of status and you are still in LPR status, she will not be able to file AOS in the U.S. even after her priority date becomes current and 3/10 ban might apply to her unless she is eligible for 245i. If she has D/S status, there is a leeway to avoid 3/10 ban, but I do not want to go for details. the only option for her would wait you to naturalize and not leave the country. Please carefully plan you and her future and read laws on USCIS website. Sometimes a mistake can cause a deep grieve than you can bear.
cherr1980 said:Be aware of traveling. For people who overstay their status can be bar for 3/10 years. Check the warning of Advance Parole. Other thing, check when a person in F1 status really gets out of status.
Good luck,
GC Guy said:Thanks for the update.What are the applications F1 student needs to make after marryhing LPR? I am aware of I130, does I485 has to be file along with I130?
bps01 said:GCGUY
As you are an GC holder, you need to fill I-130 and send it to INS, once that is approved and a A# has been assigned to you wife.
Then you need to Fill the I-485, I-864 (affidavit of support), G325A(bio) I-693 Medical, I-765 EAD and submit together.
cherr1980 said:I-130 doesn't give you any status. It just the petition for an alien relative.
cherr1980 said:When is your priority date?