AOS from F1 and when I can leave the US?

[Makalia 0]

Hello,

I am here on F-1 visa and getting married this month. We will proceed with AOS and in August I want to take classes as a part-time student (6 credits). I guess it means that I won't have F1 status anymore after we submit documents for AOS and without registering for 9 required credits.

My question is when I can leave the US? After I get my EAD (~3 months)?Or do I have to wait until I get my green card (~6 months)?

[hmh33 117]

As long as you file I-131, application for advance parole, with the rest of your application (it's free), you'll receive an EAD+AP "combo card". The AP portion of that will allow you to leave the US and return without abandoning your adjustment of status application. You're correct that the timeframe to receive the EAD+AP is around 3 months, but your 6 month figure for the green card is a bit pessimistic. 4 months is typical, though it certainly can take longer.

Edited July 15, 2013 by hmh33

[AnotherLostSoul 167]

Just because you mail in your AOS does not necessary mean you are no longer going to be an F1 student. That is, you have two options following the time you mail in your AOS that they will tell you at your international office since you must go there to report that you have filed for AOS:

1. you remain as an F1 student. That means you have to be a full time student, non-resident tuition applies. But if your AOS gets denied, you can stay and finish up your program.

2. you don't hold your F1 status anymore: that means, you can be part time student, (still non-resident tuition). However, if your AOS gets denied, you have to pack up and leave otherwise they'll get you and deport you.

So, I would think twice on this if I were you. Good luck!

[Makalia 0]

Thank you both for your replies! I will absolutely fill I-131 application! It's such a relief to know that AP comes together with EAD.