I-485 + requirement for spouse

priyajohar

Registered Users (C)
Hello All:

I want to apply I-485 and EAD for me and my spouse.

Is it ok if my spouse is on F1 visa status.


Thanks
 
Can somebody give a definative answer to this: Does filing I-485 while in a non immigrant intent status (not dual intent) automatically ceases your status? I have read this question on murthy website and she says that filing I-485 automatically cancels your non immigrant status and you become an adjustee. On the other hand, I have heard people say that it does not automatically cancel your status until you try to extend it or apply for OPT (in case of F1) (and of course, you are not going to be approved). Any thoughts on that??
 
When was your spouse's last entry to the US?

2 month's back and he is planning to work on OPT for next 1 year.

OOPS-

Do you think that he will loose his OPT status if we apply for 485/ EAD.

That is new turn to this drama. Life is exciting and fun.
 
here is my humble submission.

There is no harm in doing an I-485 AOS from an F1. However, the moment you apply you lose the F1 status and become an adjustee.

You would then need an AP to travel and get back into the US. Your F1 will not be renewable.
 
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