I am currently holding an active H1b visa, and my wife is holding an active F1 visa with a valid F1 visa stamp on her passport for travelling. I am planning to file an I-140 application very soon. My wife has a travel plan in May, by which time my I-140 will be submitted and pending. Since in my I-140 I will list her as my spouse, I am concerned that
A) Will the I-140 application affect her re-entering to the US, even her F1 visa stamp on the passport is still valid?
B) Will my application affect/termintate her status since she is doing her MBA at one university in the US?
C) What if I concurrently file I-140 and I-485 and include my wife's info on both.
Thank you in advance for you kind reply
B) IT is not automatic
C) I don't see how this will help if she is abroad.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
A) No, should not, since she herself is not the "beneficiary" of that I-140 but instead only the "incidental" (future) derivative dependent spouse, whose name happens to have been listed on that I-140, as required. Trust me on this one. Have many clients, past, present (and future too I hope) with same or similar set of facts.
B) No, not a chance! Don't worry..
C) Will still not affect her F-1 status.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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