Status of my spouse H4 or F1 while filing for I140 and I 485

R

ren_jon

Registered Users (C)
I am currently applying for I-140 and I485 and I am going to include my spouse too for the green card filing. I am currently on H 1 and my wife is a student and she has a F 1 visa. My question is:

Is it ok to file green card application through me while she is on her F 1 visa or do I need to change her visa to H4 before I file, if not then can any one tell me the pros and cons of this matter.
 
ren_jon said:
I am currently applying for I-140 and I485 and I am going to include my spouse too for the green card filing. I am currently on H 1 and my wife is a student and she has a F 1 visa. My question is:

Is it ok to file green card application through me while she is on her F 1 visa or do I need to change her visa to H4 before I file, if not then can any one tell me the pros and cons of this matter.
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Hellow,

I have exactly the same situation. What was the result of your investigation. I am particularly concerned since I am filing as outstanding researcher and there is a chance that my I-140 get rejected. My question is that if my wife who is in F1 will be out of status then? Please share your toughts
 
Re: I140

Are you sure one can add the name at the I-485 stage and not I-140? I was on an F1 and faced this situation too. My lawyer never gave me that option...please let us know!
 
Definately can add spouse and kids during the filing of I485

You can definately add spouse and kids while filing for I485. Its not a must to add them during the I140 stage. So ask your lawer about it. They surely must know about it. Or download a I485 form and look into the content of the form for you to be satistfied.
 
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