What status the spouse should have to apply AOS with the primary applicant

S

Seymour T

New Member
Hi, guys,

I have a very strange situation here, can somebody clarify
this for me.

I can file 485 now, but my lawyer said that since my wife is
on F1 status, (she is in practical training with a fill-time
job), she CANNOT apply AOS with me, she has to be H1 or H4
status. I never heard this before. (my wife is filing H1b
in Oct, 2000 in VSC, but I really don\'t want to wait for
2 months to get her H1b doc).

I really appreciate your responses.

Thanks
Seymour
 
No Title

Hi, guys,

I have a very strange situation here, can somebody clarify
this for me.

I can file 485 now, but my lawyer said that since my wife is
on F1 status, (she is in practical training with a fill-time
job), she CANNOT apply AOS with me, she has to be H1 or H4
status. I never heard this before. (my wife is filing H1b
in Oct, 2000 in VSC, but I really don\'t want to wait for
2 months to get her H1b doc).

I really appreciate your responses.

Thanks
Seymour
 
No Title

Seymour,

Fire your lawyer IMMEDIATELY!
You will be in big trouble in the future with such an idiot.
 
No Title

That\'s ridiculous!!! As long as she is legally your wife, and breadthing, she is entitled to file AOS along with you. As someone else advises, FIRE your lawyer. This is some of the worse advice I\'ve every heard of - and I\'ve been on these boards for about 2-3 years now. In fact if you apply immediately for your AOS and I-765, your wife can most probably start work on her EAD instead of an H1.
 
No Title

File AOS for your wife alongwith your appln. My wife was on F1 when we filed our AOS appln. in July. We had no problem in getting our EAD and she is currently working. We also have got our FP done and atleast till now no questions asked abour her F1.

Good Luck.
 
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