Please Help.....Wife entered USA in B2....

N

Nayan Kamal

Registered Users (C)
My wife is Canadian Permanant Resident.
1. She first entered USA in F1 (student Status)
2. She left for Canada within week of coming to USA
3. She got canadian Permanant Residency and then visited USA in B2 (tourist visa) 2 times before finally deciding to stay here.
4. She married to me, and changed her status to F1. She is still going to school here and is in status.
5. I am planning to file my I-485 and my lawyer says, she needs to go in H4 status, before they can put her name in the GC process. I am in H1(B) status.

Please help me understand, if it is really necessary? How good is the chance that my case will be rejected based on my wife\'s case?
 
F1 status during AOS

Dependent\'s status does not matter for most cases for EB AOS. In your case, your wife being an F1 should not matter. Check the following URL
http://www.immihelp.com
and follow the links to "Adjus of Status" and "Dependents and Marriage".

I know some lawyers play safe by applying for a change to H4 status. But what if she has an assistantship as a part of her F1? Then she would have to quit that as H4\'s cannot work.

However with H4 both of you could continue to stay in the US, till the expiry of you H1B status, in case your AOS application is turned down.
 
Thank you.

Thank you for the reply. Since, my wife entered as B2 and changed to F1 here in USA, do you think it might give problem if she changes the status tooooo many times? She needs to change to H4 again.
 
Shouldn\'t be a problem if

she has not violated any INS rules/laws! Hope she\'s been in status all along. But that\'s just my opinion.
 
You must log in or register to reply here.
Top