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.
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.
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