Dear Lawbench Team,

OUR current situation,
I am on H1 and wife on H4. H4 planning to COS to F1 - i 130 pending - i94 expiring Sep 2010

My parents are US Citizens, and have filed i-130 (currently under RFE - asking parents m). Me - beneficiary / my wife - derivative beneficiary.


Q1 : Can there be any complications in Changing H4 status to “ F 1 “, being she mentioned in i-130.

Q2 : In I-539 # 3b
3b. Has an immigrant petition *ever* been filed for you ?

Can i fill up this form stating "NO", and if issue arise, answer them saying " I never knew about my -130" application has been made by my in Laws. Secondly, i-130 is completely filed by "relatives" not beneficiary.

what are pros and cons of this ?


Patiently awaiting for good response
sina