Legal status after filling I-485 & OPT F1-based expire- Married with GC Holder

[Daniel187 0]

Hi all,

I would like to ask you guys about my current case. As I am a F-1 status student and I have applied and waited for my EAD card (OPT- F-1 based) to arrive. However, my progress of F2A (with my wife as the permanent resident and my Priority Date: Nov 07 2014) lets me able to file the AoS paperwork from now after my I-130 has been approved last year. So I decided to submit I-485 package now but there are few things I need to ask:

1. When my EAD card (F-1 OPT) expire for any reasons, will I be allowed to stay in USA legally under the status of I-485 pending or I need to find ways to extend the F-1 status? My consultant service told me that the authorized status after submitting I-485 is only valid for those who married to US citizen??

2. As my PD coming soon, will it make the I-485 paperwork be processed faster or not?

Thanks in advance for your contribution!

[aleful 1,905]

hi

you must be here legally to adjust status, overstay isn't forgiven for spouses of LPR, so you need to maintain your student visa

[Hypnos 6,578]

Only until the I-485 is filed. After that you don't have to maintain your nonimmigrant status, but can if you wish.

1) Yes.

2) Your I-485 has a lower priority until your priority date is either current or almost current.

[Daniel187 0]

hi

you must be here legally to adjust status, overstay isn't forgiven for spouses of LPR, so you need to maintain your student visa

Hi aleful,

I am filling the form right now and I think it supposed to be received by USCIS few weeks later which means I will be still in valid F-1 status. So I want to clarify that I need to maintain the F-1 status until the I-485 has been received or until I-485 is approved (I get the GC)?

[Hypnos 6,578]

Received and accepted for processing by USCIS.