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Posted on 13 Jul 2009
Q.

I-485 Pending. Spouse I-485 Not Filed & COS From H4 to F1

EB2 I-485 is pending since July 2007. PD Sept 2006. I Got Married on Aug 2008. Wife is on H4 Aug 2008 to present. She is enrolled in a University since Jan 2009 on H4. She wants to convert to F1 visa.
1) As F1 is a non-immigrant intent visa can I file her I-485 when she is on a F1?. What will be her status after filing her I-485?
2) What are my options if my PD is current during her COS from H4 to F1? Can I file her I-485 during that period?
3) Is it true that a person on F1 visa has to wait atleast 3 months after (F1 Approval)/(F1 Entry to US) before I-485 can be filed?. If so when does that 3 month period start?.
4) If I am not able to file a I-485 for my wife because of the rule in Q3 and my I-485 gets approved? What are my options?.
5) Can I file her I-485 when she is on OPT?.

User's Location: Evanston, Illinois, United States of America
Category: Employment-based Green Card
Posted on 15 Jul 2009
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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