Announcement

Collapse
No announcement yet.

Apply for i485 3 months later for F1 wife

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Apply for i485 3 months later for F1 wife

    HI

    My I140 has been approved in EB2 ROW. My PD is 3/10/2014, so I am current.
    My wife entered US in 05/2013 on H4. Her status changed to F1 on 09/2013 and she is graduating on 05/2016.

    She is travelling to India on 12/8/2015 and returning on 1/5/3016. Can i just file my I485 now and file my wifes I485 later when she returns from India?
    Will this cause her any trouble during port of entry? When will she be eligible to apply when she returns to not show fraudulent intent?

    Will she be able to work on campus once her I485 is applied and get paid?

  • #2
    Originally posted by Ik1983 View Post
    HI

    My I140 has been approved in EB2 ROW. My PD is 3/10/2014, so I am current.
    My wife entered US in 05/2013 on H4. Her status changed to F1 on 09/2013 and she is graduating on 05/2016.

    She is travelling to India on 12/8/2015 and returning on 1/5/3016. Can i just file my I485 now and file my wifes I485 later when she returns from India?
    Will this cause her any trouble during port of entry? When will she be eligible to apply when she returns to not show fraudulent intent?
    She's not supposed to enter on F1 visa with intent to file Adjustment of Status once she gets here. She can enter on H4 visa with no problem.

    Originally posted by Ik1983 View Post
    Will she be able to work on campus once her I485 is applied and get paid?
    No. She needs an EAD or green card to work.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      She works 20 hours a week right now. Will she be able to continue doing this once i485 is applied?

      Comment


      • #4
        Why can't she enter on F1. Is it not allowed by law or is risky? She already has F1 stamp btw

        Comment


        • #5
          Originally posted by Ik1983 View Post
          She works 20 hours a week right now. Will she be able to continue doing this once i485 is applied?
          Filing of I-485 has no effect on employment authorization. She can file I-765 for EAD and I-131 for AP for free at the same time as filing for I-485. The EAD will be received within 90 days after applying.

          Originally posted by Ik1983 View Post
          Why can't she enter on F1. Is it not allowed by law or is risky? She already has F1 stamp btw
          Because she intends to use the visa to immigrate. F1 does not allow immigrant intent.

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            Sodium Hypochlorite Price

            Comment

            Sorry, you are not authorized to view this page

            Home Page

            Immigration Daily

            Archives

            Processing times

            Immigration forms

            Discussion board

            Resources

            Blogs

            Twitter feed

            Immigrant Nation

            Attorney2Attorney

            CLE Workshops

            Immigration books

            Advertise on ILW

            EB-5

            移民日报

            About ILW.COM

            Connect to us

            Questions/Comments

            SUBSCRIBE

            Immigration Daily



            Working...
            X