Jim/ Jaxen, POE question

W

worried_sick

Registered Users (C)
If my wife has a pending I-485/AP/EAD pending, when she left the US on an F1 visa, can she re-enter on her F1? I understand that it cancels her AOS application, but will the POE people know that she filed all this??

Also, what are the chances that they will find out and deport her?
 
More info

Forgot to add that I-485/AP/EAD are filed through my I-140 (I'm the primary) which were all filed with RD of 12/2/02
 
There is a possibility that POE inspector might find out, if your spouse gives out the information. If all the student credentials are still valid red flag will not be raised. Even if they find out, INS is not required to do immigration intent tests, that is DOS 's job. So maximum they can do is initiate 485 denial.

After entering, all you have to do is reapply 485.
 
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