spouse on F1 visa and my I-140

[gauravster]

Hi,

My PERM has been approved and I now have to file for I-140. My wife has come to the US on a H4 visa and got a COS in October 2008. Now we are planning for her to get a F1 visa stamp in India in January 2009.

My concern is
1. I-140 has a section where you have to mention your dependents. Is it OK, if her name is added there despite her being on F1 visa.
2. Should this just be left blank and we add her name only when we apply for I-485. Is it possible that this error might result in rejection for filing wrong information.
3. Whether I should apply for I-140 or just wait until end of january to apply.

My firms lawyer said that it does not matter as an application is being filed on my name not hers. According to her, there is no need to wait till january either and I should apply right away. But I want a second opinion.

Thanks in advance,
Gaurav

[sweet_jungle]

there is no issue. when my wife applied for h4-f1 cos, I already had 2 approved 140s which had her name mentioned. It has no effect on the F1 process. Till your wife applies for I485, there is no issue with the F1. 140 is purely your application. The dependents are listed there mainly for consular processing of 485.

Hi,

My PERM has been approved and I now have to file for I-140. My wife has come to the US on a H4 visa and got a COS in October 2008. Now we are planning for her to get a F1 visa stamp in India in January 2009.

My concern is
1. I-140 has a section where you have to mention your dependents. Is it OK, if her name is added there despite her being on F1 visa.
2. Should this just be left blank and we add her name only when we apply for I-485. Is it possible that this error might result in rejection for filing wrong information.
3. Whether I should apply for I-140 or just wait until end of january to apply.

My firms lawyer said that it does not matter as an application is being filed on my name not hers. According to her, there is no need to wait till january either and I should apply right away. But I want a second opinion.

Thanks in advance,
Gaurav

[Fausnerne]

does anyone know if i can just pay the spouse visa fee and lodge the application at a later date???
reason is , were not ready to lodge just as yet, but we need the visa fee reciept to apply for a medicare card.
cheers
anto

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