Urgent Advice needed - F1 to GC

[piplanih]

Hi all,

I am a GC holder and have recently applied for my wife's green card (I-130, I-485 etc.).
My wife entered this country as a F1 student (we were married during her study program) and her I-20 is close to expiry.
Since she is already in the country legally and I have applied for the GC, do you know of any issues that can come up? What are the key points of law? She still has a approved visa until 2007.

I'm aware that travel outside the US will be limited as the "intent" has changed from non-immigrant to immigrant.

Thanks a bunch in advance.

 

[LucyMO]

since you are just a gc holder, and not a citizen, how did you manage to file for adjustment of status for your wife?????? As a gc you can only file I-130 and wait for the immigrant visa number to be available for your wife and for I-130 to be approved. It takes about 5 years. Then, after she gets an immigrant visa number, she can file form I-485 for adjustment of status, after which her new status will be "pending adjustment of status".

Until she can file for adjustment of status, she has to maintain her non-immigrant status (f-1) by going to school. Since you filed I-130 on her behalf, she may have trouble coming back to the U.S. once she leaves, because she has shown immigrant intent, and she has non-immigrant visa. She may be turned away at POE.

Now, if you did file I-130 about 5 years ago, and a visa number has become available to her and her I-130 was approved, and only then you applied for her adjustment of status, --- then your wife doesn't need to maintain her F-1 status after the expiration of her I-20 or at any moment after filing I-485 and getting a receipt for it.