Spouse coming on F1 and have to apply for AOS

[CanadaUs]

My wife is going for F1 stamping (as her H4 got denied) and since our dates are current, can I file AOS for her when she comes here.

[rhodypoker]

Originally posted by aditya15:

My wife is going for F1 stamping (as her H4 got denied) and since our dates are current, can I file AOS for her when she comes here.

Yes, of-course you can file!! Once her GC is approved she will be in PR status and still she can continue her education with less fees (instate fees).

[sid8uf]

Aditya, the more important question is whether you want to save $100 - $200 by putting your wife's (and thus your) future in jeopardy? Consult a lawyer!!

I think she can enter on F1 convert to H4 and then file AOS. But, I am not a lawyer and do not take my input for granted.

[Joe.F]

Originally posted by aditya15:

My wife is going for F1 stamping (as her H4 got denied) and since our dates are current, can I file AOS for her when she comes here.

No.

Entering on F1 with the intent to file AOS is immigration fraud.

It would result in a denial of the I-485 and possibly deportation.

[Joe.F]

Originally posted by rhodypoker:

Originally posted by aditya15:

My wife is going for F1 stamping (as her H4 got denied) and since our dates are current, can I file AOS for her when she comes here.

Yes, of-course you can file!! Once her GC is approved she will be in PR status and still she can continue her education with less fees (instate fees).

In several states, people can get instate tuition while on H4...

And she can't enter on F1 with the intent to file AOS. That's immigration fraud, since when entering on F1, she states that she doesn't have immigration intent. Filing an I-485 shortly after entry contradicts that.