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Posted on 07 Jul 2011
Q.

Filing I-485 for spouse on F-1

I am an Indian EB-2 applicant with priority date in July 2007, which might become current in August. My fiancee is a PhD student on F1 visa, and we are planning to get married in Dec after her graduation. I plan to file I-485 as soon as my PD becomes current, but am wondering whether not filing I-485 applications together will negatively impact the chances of her AoS approval. Furthermore, do I need to change her visa status to H-4 before filing I-485 for her? Will she be able to revert back to F-1 status, if her AoS is rejected? Will filing H-4 petition in parallel minimize the risk of her losing the legal status?
If both of us have to travel out of the country after our AoS approval, can I enter the US using my H-1B, while she uses the AP?

User's Location: Santa Clara, California, United States of America
Category: Employment-based Green Card
Posted on 07 Jul 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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