Risks in CP when spouse on F1

[sreek]

Hello,

My fiancee is on an F1 while I am on an H1-B. We are considering applying for PR through CP in Chennai, India. Lawyers tell me that doing so while the spouse is on an F1 is slightly risky as an F1 has non-immigration intent.

Our other options are -
1. AOS
2. Wait for F1->H1 or F1->H4 and then apply for CP.

Has anyone else applied for CP under a similar circumstance? Kindly share your experiences.

Thanks,
Sreek

[kw177]

Risks in CP when spouse on F1

My Spouse was formerly on a J-1. I had no problems at all since the two year rule did not apply to her visa.

As long as your spouses Visa was not issued with a home residency requirement and spouse hasnot been out of status longer than 180 days you should be fine.

[JoeF]

The immigration intent matters only when a person enters the US with an F1 visa. At that time, the person is not supposed to have immigration intent. Of course, the intent can change later. Usually, if the person on F1 did not enter the US recently, e.g., coming back from a vacation, there should not be a problem.
Unlike J1, F1s don't have a home residency requirement, and being out of status is also not that much of a problem for F1s. Since F1s are usually admitted with D/S (duration of status) instead of an explicit end date on their I-94, the time for the 180 days (3 years ban when out of status for 180 days) only starts when the person is explicitly declared to be out of status.