PD current and spouse on F1

[Shilpag]

Hi All,

i am currently on F1 visa and will be graduating within one semester.... My Husband has already filed for his GC with approved I-140 and his priority date will be current in Jan 2012 ....After a long time his PD has become current and we are confused as to whether

[1] i should change to H4/H1 status before filing I-485 as attorney was saying i need to be on h4/h1 ..

[2] Should my husband defer his I-485 application until i graduate and then file for I-485 after 5 months ...? what if the dates retrogress or any other issues in this case..?

[3] can he file for his I485 now and then add my name before the I485 is approved ? is this a possibility ..?

I recently changed my status to F1 and am not sure how to proceed....

can someone who is in the same situation please post .....any help on this will be greatly appreciated....

Thanks

Shilpa

[Belle]

1. No you don't need to be on H4. There are circumstances when it may help, but they are rare. Talk to a different lawyer, get a second opinion.

2. Based on what you are saying, his I-485 is already pending... does it? In any case, you will still be considered on F1 while your AOS is pending, until your F1 expires. You can't extend F1, but you can use up what you have.

3. There is no such thing as "adding your name". You will file your own I-485. You may file at any time when or after your husband files his I-485. The date should be current. I do not see any major issues with you filing in January, though.

How recently was recently? Generally, you need to wait for 90 days to change your intent about immgrating, and in some circumstances, you can get away with a shorter timeframe. The question is intent - did at the time of F1 filing you have immgrant intent? You should not have. However, your intent may change. One of the reasons your intent may change is a change in circumstances, like PD suddenly becoming current. You see - you might be able to file in January.

Call up a good immgration lawyer.

[Shilpag]

Hi Belle,

Thanks for the response. below are the answers....

1 . The attorney who filed for my husband's GC was suggesting that the spouse needs to be on a non-immigrant visa before we file for my I485. Attorney's can you please shed some light on this ...

2. His I485 was pending and in Jan his PD will become current.... after i graduate in May i was thinking of changing my status to immigrant visa (depends on the response for question 1.)

3. F1 got approved 4 months ago ...but as Belle said if i can file for I485 even on F1 that would be really beneficial...

anyone who is on the same boat / attorney's can you please respond....

Appreciate for the help....

Thanks

[Belle]

1. First, the spouse may be as illegal as they get, and the primary still will get the green card. Spouse's situation does not impact primary's petition. Second, F1 is a non-immigrant status.

2. Immigrant visa = green card.

3. Again, no issues here.