Hi,
I'm sort of in a weird situation. I'm currently on H1-B and my I-485 is most likely going to get approved around Feb-Mar of 07. I'm thinking of soon getting married to a girl who'll be in the US on F1 from this month and I would like to get her in on my I-485 app too before it gets approved. I've confirmed that this can be done, but I'm fast running out of time. So my question is which one's safer?
Option 1: I can directly apply for her while she's in the country on F1? But since F1 carries a no-stay intent, will that have a negative impact on the application? And if her AOS app gets rejected (not sure if mine will be affected too), will her F1 status be in jeopardy?
Option 2: The other option is change her status to H4 by going to a US consulate in Canada and then apply for her AOS. But this is somewhat complicated and carries some risk too. What if my I-485 gets approved between the time she gets he H4 and before she can apply for her AOS. Then she has to revert back to F1 and that might be another issue. There are also some other issues like she can't work in school and so on as an H4.
Can someone shed some light on this matter? Does anyone have any personal experience with applying for the AOS (as a dependent of their spouse) while on F-1? Is it risky? Any input will be appreciated. Thanks!
I'm sort of in a weird situation. I'm currently on H1-B and my I-485 is most likely going to get approved around Feb-Mar of 07. I'm thinking of soon getting married to a girl who'll be in the US on F1 from this month and I would like to get her in on my I-485 app too before it gets approved. I've confirmed that this can be done, but I'm fast running out of time. So my question is which one's safer?
Option 1: I can directly apply for her while she's in the country on F1? But since F1 carries a no-stay intent, will that have a negative impact on the application? And if her AOS app gets rejected (not sure if mine will be affected too), will her F1 status be in jeopardy?
Option 2: The other option is change her status to H4 by going to a US consulate in Canada and then apply for her AOS. But this is somewhat complicated and carries some risk too. What if my I-485 gets approved between the time she gets he H4 and before she can apply for her AOS. Then she has to revert back to F1 and that might be another issue. There are also some other issues like she can't work in school and so on as an H4.
Can someone shed some light on this matter? Does anyone have any personal experience with applying for the AOS (as a dependent of their spouse) while on F-1? Is it risky? Any input will be appreciated. Thanks!