Would AOS app while in F1 status cause F1 status to cease?

[iCAN]

Hi all,

I am rephrasing my earlier post, hoping that someone might answer this time. I would really appreciate.

Snapshot of my case:
-------------------------------
RD: 01/03 (EB-2, concurrent, LS)
AD (I-140): 04/04
FP1: 03/03
FP2: 07/08/04


I got married on 02/04. My spouse is full-time F-1 and has not yet filed an I-485. We are trying to decide whether she files her I-485 now, or waits for mine to get approved first.

Normally, she would, of course, file the I-485 right away, but we are concerned that I get laid off and not find a new job, causing my (hence her) I-485 to be rejected.

My question is if this unlucky scenario happens, can she continue her studies as an F-1, assuming she remains full-time and doesn't work or leave the country?

Thanks

 

[TheRealCanadian]

Normally, she would, of course, file the I-485 right away, but we are concerned that I get laid off and not find a new job, causing my (hence her) I-485 to be rejected. My question is if this unlucky scenario happens, can she continue her studies as an F-1, assuming she remains full-time and doesn't work or leave the country?

Keep in mind that marrying someone with a pending I-485 might be enough to deny future entry or F-1 visa issuance for immigrant intent, so I wouldn't sweat that too much.

Personally, I think you're close enough on the approval track not to worry too much. If the job is reasonably stable, then file the spouse's I-485 now so she can hopefully get her adjustment at the same time as you and not have to wait several years.

 

[Mickey_32]

I don't see a problem, I know of cases where spouses are studying on F-1 and are included in the AOS petitions. She might run into problems if she has to apply for an F-1 visa sticker at a consulate abroad, but unless that is the case you should be fine including her on your AOS. As long as she maintains F-1 status, she can continue on if you get laid off, which in and of itself is not the end of the world because you have options like AC21 etc. Bottom line is, there are too many ifs and buts in your case for you to be excluding your spouse from the 485 process. Get it done and over with.