Can I file for CP/485 with wife on F1

[helpAmit]

Hi,

I am expecting to get my I-40 approval in the next 3-4 months. The lawyers tell me that my wife will have to change to H4 status for her to be added to my CP/485 application as F1 is an independat non-immigrant visa. Is this true??

She is still in school and her F1 is valid until Aug 2003.
Can I not add her to my CP/485 application if she is on F1?

Thanks,
Amit

[kw177]

Can I file for CP/485 with wife on F1

Not Legal Advice:

Sounds Funny?!?

Unless your wifes current visa has a two year home residency requirement (like certain types of student visas) then she should be able to file for adjustment of status as your dependent irrespective of her current status.

Double check with another lawyer but I am fairly certain anyone can do this as long as they are currently in status and have never been out of status.

If your wifes F1 allows her to work she may have to stop working when she files the I-485 and wait until the EAD arrives to start again. But again double check with another attorney to be sure.