Spouse coming in on F1 after me filing my AOS.

A

Arjunc

Registered Users (C)
Hi,

I'm in the process of filing my AOS (I-485) and have a couple of questions.. I got married this month and my spouse holds a valid F-1 visa. She's currently out of US and will be coming back to US in March '03.
Would it be a problem if she comes in on her F-1 visa? She would be coming in on her F-1 visa and after she's here I would be filing for her AOS by attaching my AOS receipt number. Someone said that if she comes in on a F1 it would constitute a visa fraud as I have already filed for my AOS ? Is this true....

Please let me know....

Thanks,

Arjun
 
It shouldn't be problem

It shouldn't be problem. As long as she is holding vaild visa she doesn't have to worry about.

Yes, that's true, if she mention about filing AOS or something else at POE or Consulate (I think for your case she already have valid f1 visa as I understood from your posting, so it is not case) then she will have problem getting f1 visa or enter in USA.

But As long as she doesn't do these small mistake (usually people don't do that) then she is fine. (because f1 by nature pure non-immigrant visa, so you can not have immigration and non-immigration Itention at same time.

So go ahead with your plan, and it would worth it to consult lawyer for peace of mind.

I hope this helps.

JB



Originally posted by Arjunc
Hi,

I'm in the process of filing my AOS (I-485) and have a couple of questions.. I got married this month and my spouse holds a valid F-1 visa. She's currently out of US and will be coming back to US in March '03.
Would it be a problem if she comes in on her F-1 visa? She would be coming in on her F-1 visa and after she's here I would be filing for her AOS by attaching my AOS receipt number. Someone said that if she comes in on a F1 it would constitute a visa fraud as I have already filed for my AOS ? Is this true....

Please let me know....

Thanks,

Arjun
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Thanks for the information and your reply...A positive reply always helps !! I will double check with my attorney.
 
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