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Filed: Other Timeline
Posted

My wife is in US on F1 student visa, and I am a US citizen. We just filed for her adjustment of status thru marriage. Now we are waiting to hear back from USCIS. Does anyone know how the process works from this point?

1- My wife's student EAD is good unitl May '09. But since we filed the adjustment of status packet in Feb '09, can she continue to work with her old EAD? Or does she need to quit work until her new EAD arrives thru adjustment process?

2- If she does quit working now, does her status expire? When is she considered "OK" to stay here in the US legally - after they cash our checks, or do we need to wait for her new EAD or some other notification.

3- Is there anything she should or should not do while we are waiting for this whole process?

4- How long does it take to hear back from USCIS after initial filing of adjustment packet? Can we check online?

Thanks for all of your help!

Filed: AOS (apr) Country: Nepal
Timeline
Posted
My wife is in US on F1 student visa, and I am a US citizen. We just filed for her adjustment of status thru marriage. Now we are waiting to hear back from USCIS. Does anyone know how the process works from this point?

1- My wife's student EAD is good unitl May '09. But since we filed the adjustment of status packet in Feb '09, can she continue to work with her old EAD? Or does she need to quit work until her new EAD arrives thru adjustment process?

2- If she does quit working now, does her status expire? When is she considered "OK" to stay here in the US legally - after they cash our checks, or do we need to wait for her new EAD or some other notification.

3- Is there anything she should or should not do while we are waiting for this whole process?

4- How long does it take to hear back from USCIS after initial filing of adjustment packet? Can we check online?

Thanks for all of your help!

IANAL but yes, she will be able to work with her old EAD until the expiration date. As soon as they send you a "notice of action" acknowledging your AOS paperwork (I-130/I-485), she is no longer a nonimmigrant, her status changes to "AOS pending". It took me good three weeks to hear anything from USCIS after the filing and I was able to check my status fews days after that. BTW, the online system is not that accurate so don't rely on it so much. The only thing that she should not be doing is working after the EAD expires until she gets a new one based on your AOS. Finally, Good luck, this process can be long and frustrating, enjoy your new life or be prepared to lose some hair :)

6/9/08 - Overnighted I-130/485/765 to Chicago

6/10/08 - Documents signed for by Chiba

6/12/08 - Checks posted

6/16/08 - NOAs for I-130/485/765

6/19/08 - Checks cashed

6/20/08 - Received NOAs for (I-130/485)

6/21/08 - Case status online

6/30/08 - Biometric Notice received (notice date 6/26)

7/16/08 - Biometric appt

7/25/08 - Received RFE for I864

9/08/08 - Received EAD

01/25/09 - Received notice for interview on 02/20/2009

02/20/09 - AOS approved at the Omaha field office

03/04/09 - Received conditional green card

-N400-

10/31/09 - Sent N-400 forms to Nebraska Service Center

11/09/09 - Received NOA

12/10/09 - Interview letter

12/29/09 - Interview at Omaha Field Office

12/29/09 - Interview approved/Ceremony

No more USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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