Married to an F-1 visa holder

J

Jaic

Registered Users (C)
Before Applying for 485 I married a person who held F-1 visa. We filed for AOS together. I know she cannot go back to India even on Advance Parole, because F-1 is not a dual intent visa, but I was wondering will it create any complication?
 
If both of you have indeed filed I-485, then she is an applicant for adjustment

of status. EAD/AP is valid for her. Once she has used AP/EAD, she will no longer be on F-1. My understanding. Check with a attorney.
jsram
 
She has to file for EAD...

to even continue attending the school (while EAD is pending she has to maintain valid F1 status too). Apply for EAD and AP and she can start using AP for travel.
 
Ask her to use EAD...

Meet with the immigration counsellor of the school she is attending and explain the status. You can attend school while on EAD ( and derive benefits as a permanent resident) but their might be some scholarship issues...
Once on EAD, she can use AP to travel.
Good Luck.
 
Why maintain F-1 when 485 will enable her to study/work anywhere (off-campus) and travel easily? Doe

... Isn\'t F-1 a liability now as it does not support dual intent?
 
I am also wondering what happens if I lose my Job today

I may be able to fall back into my spouse\'s F-1...Does this sound correct? or I am totally wrong?
 
You could but try not to use F-1/F-4 as a fall back. The status does not allow dual intent - your GC

Consult an attorney. Get your wife off F-1. If you have the EAD remain on 485 and look for a job.
 
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