QUESTION
Can my spouse stay in the US legally if we file for an I-130 and I-485 about 1 month before her F-1 expires?
Asked on Dec 12th, 2013 on Immigration - Texas
More details to this question:
I am a US citizen, and my spouse is currently an international student under a F-1 visa. She's been here for 2 years. I would like to file a I-130 and I-485 for her. She still has 2 more years left of school, and her next school term starts January 21st. She is considering taking the next semester off. I wanted to know if she can stay here in the US legally while the applications are pending AND if she does NOT return to school on Jan 21st? Also, while our application is pending is she allowed to exit the US and return? We were hoping to go to Mexico for our honeymoon. Thank You
4 ANSWERS
Immigration Attorney serving Los Angeles, CA
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Law Offices of Mary Lyn T. Sanga A Professional Corporation
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Yes, she is authorized to stay in the United States while her application for adjustment (I-485) is pending and even if she does not return to school as an F-1. She may also travel outside the United States with an advance parole (make sure she also files I-131 to obtain advance parole).
Answered on Dec 17th, 2013 at 7:24 PM
Yes, once the I-130/I-485 have been filed, she can remain in the US until the adjudication of the applications.
Answered on Dec 17th, 2013 at 7:24 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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As long as the I-485 has been filed and is pending, your spouse may stay in the US while her application is being processed. She can also apply for employment authorization on form I-765. There is no additional charge for it when you are also applying for I-485.
Answered on Dec 17th, 2013 at 7:23 PM
Bruce A. Coane
Generally, an F-1 student who marries a USA citizen can stay here while her case is pending with CIS. Of course, due to SEVIS requirements, an F-1 student should not be out of status unless they have another case, eg, I-130/485 filed and pending.
Answered on Dec 17th, 2013 at 7:22 PM