I-485 application while wife is on F1

G

Garuda

New Member
My I-140 has been approved and my priority date is current. My wife is currently on an F1 status (Optional Practical Training). My Lawyer tells me that I should wait till my wife files for her H1B visa before I file for an AOS. My Lawyer says that filing as AOS for both of us now may cause problems. Is that true. Please advise.

Thanks in advance for the help and advice.
 
No Title

I don\'t think it should be a problem, Since she will be on derivative status for I-485, thus it does not metter waht visa she is on right now.
 
No Title

I don\'t think it matters. We have done the same thing and we have already had our FPs. The only thing is that due to your wife\'s F1 status, she will need an AP to leave the country, whereas you can still travel on your H1B
 
No Title

Technically, yes filing AOS for your file invalidate her F-1 visa.
But practically INS don\'t care about that. Also there are lots of student apply EB-1 Green Card while they are on F-1.
 
No Title

I have gone through the same situation and it didnt matter because we got approved with no problems. As per my lawyer also it was perfectly alright thing to do.
 
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