F-1 student married LPR. Pending AOS. Do I have to maintain Full-time status?

[SamSam85 47]

Hi, Can someone who was in this situation help please. I am an F-1 student. Been an F-1 student for 2 years. I have a pending AOS. I am almost done with F-1 degree. Can I finish school and wait for AOS decision?

I know I may go out of status, but how does that impact my AOS application? I am married to LPR and we have a child. Thanks in advance.

[f f 725]

what is your priority date and when will school or opt be over?

 

the aos will preserve your sausage while it is pending but since you married a lpr you must remain in status when you file. and my concern is that you tried to concurrently file which a spouse of a lpr is not eligible to do.

Edited October 16, 2017 by f f

[SamSam85 47]

Just now, f f said:

what is your priority date and when will school or opt be over?

Not eligible for OPT because this is an F-1 ESL (English as second language). School will be over in one year, but I'd like to attend the remaining part time (I know this will make fall out of status, hence my questin). My PD is April/2016.

[f f 725]

1 minute ago, SamSam85 said:

Not eligible for OPT because this is an F-1 ESL (English as second language). School will be over in one year, but I'd like to attend the remaining part time (I know this will make fall out of status, hence my questin). My PD is April/2016.

it's all good then as long as you were in status when you filed you are fine. since the aos gives you status while it is pending. make sure to get the ead and ap so you can work and travel.

[SamSam85 47]

Just now, f f said:

it's all good then as long as you were in status when you filed you are fine. since the aos gives you status while it is pending. make sure to get the ead and ap so you can work and travel.

That was my impression, but seems like many people think that since I am married to an LPR, I have to maintain status until the time of interview/decision/approval!!!

[azblk 338]

9 minutes ago, SamSam85 said:

That was my impression, but seems like many people think that since I am married to an LPR, I have to maintain status until the time of interview/decision/approval!!!

They are right. If you go part time you lose your F-1 status and you can not AOS with a LPR spouse unless you are in status. Now if your priority date is current and you have already filed i-485 then you should be fine.

Edited October 16, 2017 by azblk

[f f 725]

5 minutes ago, azblk said:

Now if your priority date is current and you have already filed i-485 then you should be fine.

that's the case here since the aos is pending and still is on f1 status.

[SamSam85 47]

5 minutes ago, azblk said:

They are right. If you go part time you lose your F-1 status and you can not AOS with a LPR spouse unless you are in status. Now if your priority date is current and you have already filed i-485 then you should be fine.

Are you sure? This is based on what? Do you have a reference? Thanks in advance

[SamSam85 47]

1 minute ago, f f said:

that's the case here since the aos is pending and still is on f1 status.

My PD is not current, its April 2016. But its current in the filing chart, thats why i filed. Is that still the case?

[Coco8 1,042]

18 minutes ago, SamSam85 said:

That was my impression, but seems like many people think that since I am married to an LPR, I have to maintain status until the time of interview/decision/approval!!!

 

If you are married to a LPR you have to keep the F-1 until you get the green card (~ 2 years since application). Spouses cannot wait in the US for the GC unless they have a visa that allows them to be in the US. 

 

You cannot keep F1 unless you are a full time student. 

 

If you do not maintain full time status the college/university/institute will rescind your visa and you will be out of status. You have to pack your bags and go to your country; otherwise, your AOS will be denied if they find out you are in the US out of status. Once you go to your country, you will have to start over, plus maybe even file a waiver for overstaying your F1. Basically, big trouble.

 

PS: Since you are in the US the GC would take 1.5 years if you are lucky.

Edited October 16, 2017 by Coco8

[azblk 338]

2 minutes ago, Coco8 said:

 

If you are married to a LPR you have to keep the F-1 until you get the green card (~ 2 years since application). Spouses cannot wait in the US for the GC unless they have a visa that allows them to be in the US. 

 

You cannot keep F1 unless you are a full time student. 

 

If you do not maintain full time status the college/university/institute will rescind your visa and you will be out of status. You have to pack your bags and go to your country; otherwise, your AOS will be denied if they find out you are in the US out of status. Once you go to your country, you will have to start over, plus maybe even file a waiver for overstaying your F1. Basically, big trouble.

 

 

This is not accurate. You only need to be in status at time of properly filing i-485. After receiving your i-797C you are now pending AOS and can give up you F-1 status if so desired.

[f f 725]

10 minutes ago, SamSam85 said:

My PD is not current, its April 2016. But its current in the filing chart, thats why i filed. Is that still the case?

I miss read it i thought you ment you were current on that date. my bad. please disregard my statement about being on since the aos was pending. 

 

if you did file the i485 already it should be denied since your priority date was not current. better hope your priority date becomes current before school ends since one day out of status will cause the aos to be denied.

 

how soon till your spouse can apply for citizenship?

[SamSam85 47]

3 minutes ago, f f said:

I miss read it i thought you ment you were current on that date. my bad. please disregard my statement about being on since the aos was pending. 

 

if you did file the i485 already it should be denied since your priority date was not current. better hope your priority date becomes current before school ends since one day out of status will cause the aos to be denied.

 

how soon till your spouse can apply for citizenship?

what do you mean it should be denied? There are now two dates. One is filing date. And I am eligible to file, hence, I filed my AOS and its now pending. What do you mean it should be denied?

[geowrian 22,337]

21 minutes ago, Coco8 said:

If you are married to a LPR you have to keep the F-1 until you get the green card (~ 2 years since application). Spouses cannot wait in the US for the GC unless they have a visa that allows them to be in the US. 

Inaccurate. It's only up to the time of filing. See https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html.

 

8 minutes ago, f f said:

if you did file the i485 already it should be denied since your priority date was not current. better hope your priority date becomes current before school ends since one day out of status will cause the aos to be denied.

Not entirely accurate either. You are permitted to file for AOS based on the USCIS filing charts, not necessarily based on the PD being current. These aren't always the same (and aren't right now). See https://www.uscis.gov/visabulletininfo. It states to use the "Dates for Filing", not "Final Action Dates" chart. As long as AOS was filed while meeting their filing dates criteria, it should be accepted and adjudicated fine.

Edited October 16, 2017 by geowrian

[f f 725]

when was the i130 filed?

when was the i485 filed?