July 2007 I-485 rejection and F1 student status

M

mougc

Registered Users (C)
My wife is on F-1 student visa and has a graduate fellowship. My EB2-NIW is pending with a PD of 14Nov2006. Recently due to the july visa bulletin I had filed my and my spouse's I-485 which reached on July 2nd. As you know it will be rejected.
DO any of the members know the effects of this I-485 rejection on my wifes F1 visa status. Will there be any problems with her fellowship?

Also can she travel to India and reenter on her F1 visa (stamped with multiple entry). Will there be any problems?

Thanks in advance for your responses.
 
Thanks for the link jk.
But my wife has not applied for I-40. She just applied for I-485 based on my pending I-140 EB2-NIW application which would be returned since it reached July 2nd. SO I wanted to know in that case since there is no case history as no receipt number would be issued, will the I-485 rejection effect her F1 status and her travel reentry. The pending I-140 application is in my name (H1 visa holder).

Any insights greatly appreciated.
 
This is a peculiar case because your wife has clearly showed immigration intent, but her I-485 was rejected for reasons that have never happened before (a sudden change of mind by DOS and USCIS about visa numbers). I do not know if USCIS makes a record of applications it has received and then rejected. My guess it that she will not have a record that would cause her problems.

The next question arises from that fact that you filed I-140, which does have a section asking for spousal information. Is the fact that a spouse's name is listed on a beneficiary's I-140 (if indeed it is in your case, perhaps you weren't married yet) proof of intent to immigrate? The only lawyer answer I have found on the internet is "No, this is the beneficiary's application and not the spouses". If true, then this also will not be much a of a concern.

Lastly, does she need a new F-1 visa while abroad? If no, then the above should answer you questions. If yes, then the visa application form DS-156 asks if you have have any relatives in the US (i.e. your spouse) and what their current status is. The fact that your husband has an H-1 (dual intent) visa may be suspicious to the consular officer, but again my guess is that it probably won't be enough cause, in and of itself, for visa denial.

So all in all I would say that she most probably won't have a problem reentering, but nobody can be 100% sure.
 
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