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Is I-131 required for spouse on F-1 filing dependent GC?
- Thread starter aguy
- Start date
First, you should be aware that I-131 does not confer status, "Advanced Parole" is simply a document that enables an adjustee (someone with I-485 pending) to travel abroad without abandoning their application.
Having said that, you should be aware that an F visa holder applying for I-485 places the individual is a very delicate position. She is technically not supposed to be able to maintain F status because she filed I-485, but USCIS generally will not enforce anything against her as long as she maintains her F-1 program of study and does not leave the US. Your wife should be aware that, because she filed I-485, she cannot leave the US and return on an F-1 visa. In other words, although she is currently still in F-1 status, her visa in her passport is no longer useable. As she applied for I-485, that is clear intent to immigrate, which is against the purpose of an F-1 visa. If she travels abroad without an Advanced Parole document, she will be deemed to have abandoned her Adjustment of Status application AND she will probably not be admitted to the US on the F visa because she previously applied to adjust status which, as I said, is clearly intent to immigrate. So if she plans to travel, she must have advanced parole, knowing that when she returns, she will be a 'parolee' eligible to work by virtue of her EAD but will not be in F status anymore.
Having said that, you should be aware that an F visa holder applying for I-485 places the individual is a very delicate position. She is technically not supposed to be able to maintain F status because she filed I-485, but USCIS generally will not enforce anything against her as long as she maintains her F-1 program of study and does not leave the US. Your wife should be aware that, because she filed I-485, she cannot leave the US and return on an F-1 visa. In other words, although she is currently still in F-1 status, her visa in her passport is no longer useable. As she applied for I-485, that is clear intent to immigrate, which is against the purpose of an F-1 visa. If she travels abroad without an Advanced Parole document, she will be deemed to have abandoned her Adjustment of Status application AND she will probably not be admitted to the US on the F visa because she previously applied to adjust status which, as I said, is clearly intent to immigrate. So if she plans to travel, she must have advanced parole, knowing that when she returns, she will be a 'parolee' eligible to work by virtue of her EAD but will not be in F status anymore.
I think JK left no room for any one to comment after his detailed explanation. But I want to write by repeating what he just said. the AP (I-131) and EAD (I-765) are not required to support the pending I-485 atall. Those are an optional applications to work (EAD) or travel and come back (AP) while the I-485 is pending. the F, J and many other non immigrant visas (in the passport) will be obsolate after applying for AOS despite that the applicant may retain the F, J ..... status till its term or approval of GC whichever is earlier.
jackLavish
Registered Users (C)
jk0274/mmed,
Can you please confirm the following? If AP is applied and approved, but lost in mail, how does it affect the applicant on F1. Our AP was approved but lost in mail. We have reapplied and waiting.
Can my wife (who is on F1 and OPT) travel while we are waiting for AP approval assuming that we stay in India till new AP document is approved and recd.? Please comment. Thanks.
Can you please confirm the following? If AP is applied and approved, but lost in mail, how does it affect the applicant on F1. Our AP was approved but lost in mail. We have reapplied and waiting.
Can my wife (who is on F1 and OPT) travel while we are waiting for AP approval assuming that we stay in India till new AP document is approved and recd.? Please comment. Thanks.
If I were you, I will not tavel without AP in my hand giving the folowings:
1- Her F visa is not valid anymore and she can not get another visa because of the pending I485
2- no guranty that the old AP is approved and lost in mail (personal experience with change in the online status and was just "system error" with many other in this forum)
3- No guranty for the time the new AP will be approved (for me it took more than 7 months and others wait more than that)
4- No guranty that the new AP will not be lost too in the mail (mine took about 2 months because of address achane; the AP has the right new address and the envelope has the old one)
1- Her F visa is not valid anymore and she can not get another visa because of the pending I485
2- no guranty that the old AP is approved and lost in mail (personal experience with change in the online status and was just "system error" with many other in this forum)
3- No guranty for the time the new AP will be approved (for me it took more than 7 months and others wait more than that)
4- No guranty that the new AP will not be lost too in the mail (mine took about 2 months because of address achane; the AP has the right new address and the envelope has the old one)