Spouse 485 filing while on F1

J

jsn_lee

Registered Users (C)
I got my I-140 approved..and I-485 pending...
My wife is on F1... I am ready to send in her I-485 package (including EAD/AP) as a beneficiary... Can anyone answer my question...( I have previosuly read some of the post regarding the same issue..but they have confused me instead of answering my question)..please help...

Can she continue to use her F1 status and get paid as RA...if she does not use EAD or AP. My understanding is that since she is not a principal applicant she can continue to maintain her F1 status while AOS is pending... any suggestions..

thank you...
 
yes, she can. However if her F1 visa stamp gets expired, and she has to travel outside the US, then she might not be able to get the F1 extended. In such case, she will have to come back to the US on AP, and then work/study on EAD.
 
..Ya..her F1 visa (multiple) does not expire for another 3 years...
..thank you ..you have been a great help...
 
The F1 status is gone when you file I-485. She then gets the "AOS pending" status. Check with the university. If she gets AP and EAD, then there's no problem. I am unsure about the time between I-485 filing and the time she gets the EAD.
 
My wife has the same situation and we are going through a lot of experience in this matter. If your wife has a F-1 status, she can continue as F-1 until she stays in US. When she travels abroad, either her F-1 is cancelled or I-485. you can not have both together. when she travels abroad and comes back you have to show either the AP or the F-1 visa. if you show F-1 visa, she will come to US as F-1 and I-485 (that was pending) will be abandoned that moment only. If she travels with AP, her F-1 is abondoned at that moment. Now she will get her assistantship through the EAD. But, the university handles all the paperworks to transfer her status from international student to permanent resident pending in just 1 day. It is just that they change the code in I-9 form.
 
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