LPR filed I130 for spouse on F-1. Can the spouse legally stay in US? Does the spouse have to leave US before filing I485?

Asked almost 2 years ago - Minneapolis, MN

I am a LPR, and my wife is on her F-1 visa. I am thinking about filing I-130 for my wife. Can she stay in US legally on her F-1 after I-130 is filed for her? Her F-1 was issued on July 16, 2010, and expired on July 9, 2011, but she is a full time student and has valid I-20.

Attorney answers (3)

  1. Kevin Lawrence Dixler

    Contributor Level 20


    Lawyers agree

    Answered . This gets complicated, where she leaves the U.S. to see family and tries to return on her F1 visa. She can be denied admission to the U.S. You and your spouse should speak with a competent and experienced immigration attorney about all the issues that may complicate matters before you file the I-130.

    You may want to wait, among other considerations. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.
  2. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . I agree with Mr. Dixler, but must disagree with Mr. Murphy.

    Since you only have a greencard, she can't file the I-485.

    As long as she stays full-time as a student and DOESN'T TRAVEL OUT OF THE US ... she will be fine.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Theodore John Murphy


    Contributor Level 20


    Lawyers agree

    Answered . Your wife can stay in the US after you file. File the I-130 and the I-485 together though.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more

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