need help - new wife is F-1 holder and I am in Iraq

[ttam8826 0]

I'm new to this process but learning.

I married recently and then shipped out to Iraq with the Army. My wife is Russian and in the US on a F-1 visa. She is legal (that is, enrolled in school and intending to stay enrolled for the forseeable future).

Based on my research we need to file an I-130 AND an I-485. Is that correct ? But now I am wondering: Do I really need to file the I-130 if I file for the I-485 (after all, she's already in the USA and will remain legal in a student status during the pendency of the I-485).

Second question - I very, very, very much want to meet her in Russia during my mid-tour R&R leave which will occur in about 5 months. Her parents live in Russia and I've never met them. How big of a problem will this be ? I understand if she leaves the USA she jeopordizes her I-485 appication. I am aware of the advance parole request (I-131) but I am confused whether that is really necessary in her situation (plus it is another $300 and a 3 or 4 month wait).

Any help would be greatly appriciated.

MAJ B in Al Asad, Iraq

[ed g 0]

I wish I could help you with your qusetions but I dont know the answers. I just wanted to wish you both luck and thank you for serving our country.

[pushbrk 13,059]

I'm new to this process but learning.

I married recently and then shipped out to Iraq with the Army. My wife is Russian and in the US on a F-1 visa. She is legal (that is, enrolled in school and intending to stay enrolled for the forseeable future).

Based on my research we need to file an I-130 AND an I-485. Is that correct ? But now I am wondering: Do I really need to file the I-130 if I file for the I-485 (after all, she's already in the USA and will remain legal in a student status during the pendency of the I-485).

Second question - I very, very, very much want to meet her in Russia during my mid-tour R&R leave which will occur in about 5 months. Her parents live in Russia and I've never met them. How big of a problem will this be ? I understand if she leaves the USA she jeopordizes her I-485 appication. I am aware of the advance parole request (I-131) but I am confused whether that is really necessary in her situation (plus it is another $300 and a 3 or 4 month wait).

Any help would be greatly appriciated.

MAJ B in Al Asad, Iraq

When you do file to start her adjustment of status (AOS) process, yes you'll need to file the I-130. Based on what you're saying though, there's no hurry to do that. Since she can travel and re-enter now anyway on the F1 visa, what's the hurry to adjust status. It seems more prudent to wait until at least your planned travel is completed. Nearly all these cases require an interview before the AOS is complete and you will need to attend that interview together.