F1 Status during AOS processing time

[anchau 0]

My husband is a F1 student. We got married on December 2008. His class ended on March 12, 2009. We filed form I-130 on March 03, 2009 and I-485 package on March 17, 2009. We received NOA for both I-130 and I-485 during March 2009. My husband took the biometric on April 10, 2009.

We have just received a letter from his school saying that they concerned about his imigration status.

Does my husband need to maintain his F-1 student status until he get the green card?

From other related topics, I learn that by submitting the AOS package, my husband is now on the pending status. But the letter that we receive from his school does concern us.

He will be out of the 60 days grace period by May 12, 2009. If he does not get the green card by that time, will his school report to the USCIS that he is now out of status.

Would someone please advice. We are trying to save some money for our baby. And paying for his English classes just to maintain the F1 student is way too expensive when he can attend the adult school for free.

Thank you very much for your advice and your time

[Bobby+Umit 161]

Friend of mine that has a F-1 wife - his lawyer told them to maintain her status till she was approved AOS (NOA in hand).

However, with the AOS in place (NOA received), your status is pending.

You may want to discuss this with the school. (explain about the NOA/AOS - they may not know)

Edited April 22, 2009 by Bobby_Umit

[Ryoka 0]

Hi, I am also adjusting from F1. I was not sure about my status as well so I asked international student advisor and she said as soon as I receive NOA, technically my immigration status is AOS pending, so it is not required to maintain full-time student status. But many ppl on forum seem that they are adviced to keep maintain the F1 status just in case you have denied. I sent my package in the end of January and received NOA in the beginning of Feb. I just brought that NOA to international student office and they said I am fine now. I did not take any classes this Spring semester.

Try forum search. I think many ppl have discussed about this issue.

[chantpleure 0]

I would talk to you colleges advising people, if there is an international students center then there will be someone who can give you a better answer. What I was told at my school is until I receive the NOA's from USCIS I am still considered an F-1 student and subject to those requirements, but as soon as the NOA is received, I am 'pending' a resident and no longer subject to F-1 requirements.