Stockton, CA Immigration Law Firms & Lawyers

Our viewpoint is that the I-140 petition is for the principal applicant and not for any dependents who are mentioned on the I-140 petition. Everything being equal, your wife should be able to file for a change status to F1 successfully. If she is in the US and applying for a change of status on form I-539, there is nowhere on the form to ask whether she has immigration intent. It is your choice as to whether to file the I-140 and have it approved first or file it with the I-485 adjustment of status applications provided that your priority date is current. If you decide to submit the I-485 applications at this time, your wife would forgo making an application for F-1 as she would already have applied for permanent residence.    Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence

What a nightmare. Contact a family law attorney in Mexico and/or the U.S. to assist you. They will probably start with the U.S. consulate in the city closest to where they are located. Are you a U.S. citizen?