krishna Venkat
Registered Users (C)
Many folks have gone through the dilema (including me) whether one can file 485 for a spouse on F1. The answer seems to be yes provided the last I94 issued at POE is not one of non-immigrant statuses( F1, B1/B2, J1 etc). In this case there is a chance that INS can reject the 485 based on fraud and mis-represenation. However, the spouse has to be in valid legal status till the case is adjudgicated. In addition, the spouse should not have taken any F1 exemptions after the marriage. I beleive there is a high probability of getting an interview for verifying spouse\'s legal status. One can file on F1 and later change to H4. INS is not very good at updating their record, so your chances of getting an interview might be reduced but are not eliminated.
Note that the spouse\'s H4 approval is not needed to file 485. Only the receipt notice form INS showing the H4 is filed is needed. The person can continue to attend school and once EAD is approved is eligible for any tution/assitantship.
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Disclaimer: The opinions expressed above do not constitue legal advice. Please consult an immigration attorney for advice.
Note that the spouse\'s H4 approval is not needed to file 485. Only the receipt notice form INS showing the H4 is filed is needed. The person can continue to attend school and once EAD is approved is eligible for any tution/assitantship.
If you have seen this kind of question in any other forum, please feel free to post this message.
Disclaimer: The opinions expressed above do not constitue legal advice. Please consult an immigration attorney for advice.