What does "When you file" exactly mean

[Univof2 0]

Hello everyone. My wife (from Ukaine) and I (US citizen) just mailed our I130 and I485 combined package to the Chicago lockbox. Currently she lives out of state and is in America on a student visa.

Her quarter semester ends this week and the next set of classes start next week. We would really like for her to drop her student status and come and live with me once the classes this week are done. We have heard from USCIS that once we "file" the forms she can drop her student status and live with me. What does "file" mean? Is it the date we mailed the forms or is it when we get a receipt from USCIS saying they got it?

[kzielu 1,149]

When you get your NOA1.

[Little_My 464]

Since you are adjusting your wife's status from an F1 (or J1?) to permanent resident, you should post in the Adjustment of Status from work, tourist or student visa forum. You will get more replies there!

"When you file" in this case means the date USCIS acknowledges receiving your package. This date will be in the first NOA you will receive. This can take anywhere between a week to 30 days from mailing the package.

However, it isn't really that relevant in your case. Even if your wife officially drops out of school before USCIS receives your package, her school will have to cancel her SEVIS and after that she would still have a grace period (I believe 30 days) to leave the US before she would officially be out of status. Within that time you'll get the NOA, and she will by then have entered a new period of authorized stay in the US due to you filing for AOS. This period will then continue until you have a decision on your AOS case. Even if she ended up somehow accumulating a few days of overstay, it would be irrelevant to your AOS case, so you really don't need to worry about that. She can leave school after this week and come live with you without it affecting your AOS case.