uppi_kar

Hi, I am new to this forum and had a question about filing I-485/I-130 (GC procedure) for my wife. I would appreciate any help in this matter. Me and my gf got married last month. I am a USC and she is on EAD from her F-1 visa. Her EAD expires in 5 months.
Questions ->
Would it be a problem if her current EAD expires(she goes out of status) when her I-485 is under process?

Should she still apply for EAD with the I-485 application when she is already on EAD? If yes then would the current EAD be extended to another year?

Thanks

Uppi

Noorah101

Hi Uppi, Welcome to BE.

She's not "on EAD". Her status here is F-1 student. The fact that she applied for and received an EAD is secondary information.

Anyway...yes, she should still apply for an EAD with the I-485 application. That way she will have no gaps in her work authorization.

No, the current EAD she has in hand won't be extended another year. She will be issued a new EAD with a new validity date of 1 year from the date it was issued.

Best Wishes,
Rene

uppi_kar

Hi Rene, thanks for your reply.

I should probably rephrase my first question now, if her F-1 status expires while her AOS is under process, are there any potential problems? Would she be able to stay in US when her F-1 has expired but her AOS is being processed?

Thanks

Noorah101

No problem. Once the AOS is filed and accepted by USCIS, she is allowed to stay in the USA even if her F-1 status expires. She should not leave the USA without Advance Parole.

Rene