Filing AOS for Spouse on F1

[pelan123]

Hi,

My Prioriy date: 20-NOV-2007. It will be current from July 2011.

I filed I485 in July 2007. I didn't apply for my wife because was not married.

I will be filing her I485 on July 1st 2011.

Can you please help me with the following questions?

1.My wife is on F1. Any issues filing her AOS on F1?

2.Does she need to maintain her F1 until approval? She will be graduating in Dec'2011.

3. Can she apply for OPT after filing AOS?

4. Can she apply EAD and Advance Parole?

5.I am planning to file her I485 on myown. Any issues?

I really appreciate your help.

Thanks

[rhodypoker]

1.My wife is on F1. Any issues filing her AOS on F1?

Answer: Nope, there will be no issues, she can be on F1 or OPT, doesn't matter.

2.Does she need to maintain her F1 until approval? She will be graduating in Dec'2011.

Answer: Yes, she should maintin her current status. Once she gets her GC her F1/OPT stauts will be automatically changed to Permanent Resident status.

3. Can she apply for OPT after filing AOS?

Answer: Yes

4. Can she apply EAD and Advance Parole?

Answer: Yes, while you apply I-148 for her you can also apply I-765/131 as its the same price for all the three applications. ($1070.00)

5.I am planning to file her I485 on myown. Any issues?

Answer: Its always sugestable to hire a good Immgration Attonery. You don't know what kind of REF's might come in future. Its up to you.

[Belle]

1) She needs to be in status, and she should have an explanation why she changed her intent. Generally, this requires her not to file I-485 for 90 days after obtaining or renewing F1 status.

2) She does not HAVE to. Whether she ends up doing it, is a different question.

3) I would not. Either she has immigrant intent or she does not.

4) Anyone with a pending AOS can obtain EAD and AP.

5) I have no crystal ball.

[pelan123]

Thanks.

She got her I20 in 2009 (01-MAY-2009 to 30-MAY-2011) and F1 visa stamped on 25-MAR-2010.

She renewed her I20 in Feb 2011 valid until 31-DEC-2011.

Can I apply her AOS in 01-JUL-2011 based my employment based GC? My PD is 20-NOV-2006 and it is current from 01-JUL-2011. I applied my I485 in July 2007.

With this scenario can she apply her I485 on July 2011.

I have to apply her AOS before my I485 gets approved. Is it true?

Can you please help me to clarify my thoughts?

Thanks

[pontevecchio]

Involve a Lawyer. She is worth it...right?

[pelan123]

Should I need to include I140 copy when filing for spouse?

[Belle]

You should include proof that you are in a category where spouse is eligible to file. If your category is stated on your I-485 receipt, it should probably suffice. Also, read I-485 instructions.