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

[SamSam85 47]

1 minute ago, geowrian said:

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

 

Not entirely accurate either. You are permitted to file for AOS based on the USCIS filing charts, not based on the PD being current. 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.

Thanks. And this applies to both USC spouse and LPR spouse?

[SamSam85 47]

Just now, f f said:

when was the i130 filed?

when was the i485 filed?

I-130 filed on 04/17/2016 and approved on 09/17/2016.

I-485 filed on 10/03/2017 (after the Filing Chart said so) and is pending.

F-1 status still valid till this moment.

[f f 725]

usc do not need to wait since there is an unlimited number of visas for spouses and minor children so they are always current. 

[geowrian 22,337]

4 minutes ago, SamSam85 said:

Thanks. And this applies to both USC spouse and LPR spouse?

A USC's spouse doesn't use these charts as their PD is always current (there is no wait for an immigrant visa number for an immediate relative petition). Those charts are only for LPRs and non-IRs of USCs (who also have to maintain status until they file).

Edited October 16, 2017 by geowrian

[SamSam85 47]

Just now, geowrian said:

A USC spouse doesn't use these charts as their PD is always current (there is no wait for an immigrant visa number for an immediate relative petition). Those charts are only for LPRs and non-IR USCs (who also have to maintain status until they file).

ok so my understanding is correct. I am now pending AOS. I can reduce my F-1 workload to part-time. I will go out of status. However, since I was valid status at the time of filing (and few months afterwards), this would not impact my AOS interview (hopefully). The only risk I am taking is if there is (god forbid) an AOS denial (which would result me having to leave the country)

5 minutes ago, f f said:

usc do not need to wait since there is an unlimited number of visas for spouses and minor children so they are always current. 

did you see my response to your questions? do you still think I made a mistake?

[geowrian 22,337]

3 minutes ago, SamSam85 said:

ok so my understanding is correct. I am now pending AOS. I can reduce my F-1 workload to part-time. I will go out of status. However, since I was valid status at the time of filing (and few months afterwards), this would not impact my AOS interview (hopefully). The only risk I am taking is if there is (god forbid) an AOS denial (which would result me having to leave the country)

Out of status: yes. But you will have authorized stay and will not accrue unlawful presence while your I-485 is pending. The potential issue is if your AOS is denied then you won't qualify to re-file (since you will then have unlawful presence at the time of filing).

[f f 725]

1 hour ago, SamSam85 said:

ok so my understanding is correct. I am now pending AOS. I can reduce my F-1 workload to part-time. I will go out of status. However, since I was valid status at the time of filing (and few months afterwards), this would not impact my AOS interview (hopefully). The only risk I am taking is if there is (god forbid) an AOS denial (which would result me having to leave the country)

did you see my response to your questions? do you still think I made a mistake?

according to the current visa bulletin you were able to file so based on television dates given you should be good from that perspective.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-october-2017.html

[SamSam85 47]

1 minute ago, f f said:

according to the current visa bulletin you were able to file so based on television dates given you should be good from that perspective.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-october-2017.html

Thanks a lot. I will talk to International Student Advisor in the school, and give him my I-485 receipt notice. Hopefully he would understand the situation and mark my SEVIS record as "pending AOS" instead of just cancelling it altogether.

[azblk 338]

10 hours ago, SamSam85 said:

Thanks a lot. I will talk to International Student Advisor in the school, and give him my I-485 receipt notice. Hopefully he would understand the situation and mark my SEVIS record as "pending AOS" instead of just cancelling it altogether.

As far as I know you are either F-1 or you are not. When you reduce your course load to less than 12 credits a semester then you are no longer F-1 and your college will cancel SEVIS. It should not matter however since you will now have i-485 authorized stay. The only downside to this is if you are denied AOS, you have no fall back position and will have to leave the country.

When will/can your spouse naturalize?

Edited October 16, 2017 by azblk

[SamSam85 47]

4 minutes ago, azblk said:

As far as I know you are either F-1 or you are not. When you reduce your course load to less than 12 credits a semester then you are no longer F-1 and your college will cancel SEVIS. It should not matter however since you will now have i-485 authorized stay. The only downside to this is if you are denied AOS, you have no fall back position and will have to leave the country.

When will/can your spouse naturalize?

After 1.5 years he will naturalize.

If AOS gets denied (god forbid), we can't file a motion to reopen? or file for F-1 reinstatement?

[azblk 338]

4 minutes ago, SamSam85 said:

After 1.5 years he will naturalize.

If AOS gets denied (god forbid), we can't file a motion to reopen? or file for F-1 reinstatement?

You can not get F-1 reinstatement after filing for AOS as F-1 is not a dual intent visa. Theoretically you can file a motion to reopen depending on the reasons for the denial.

[geowrian 22,337]

21 minutes ago, SamSam85 said:

After 1.5 years he will naturalize.

If AOS gets denied (god forbid), we can't file a motion to reopen? or file for F-1 reinstatement?

If AOS is denied, you will start accumulating unlawful presence. Getting F-1 with this is unlikely IMO. Plus having a past AOS application is a strong sign of immigrant intent, which is not permitted on F-1.

An MTR is possible if the denial is due to an error with adjudication of the I-485 (and there is sufficient evidence supporting the reason for denial was incorrect).

[SamSam85 47]

2 minutes ago, geowrian said:

If AOS is denied, you will start accumulating unlawful presence. Getting F-1 with this is unlikely IMO. Plus having a past AOS application is a strong sign of immigrant intent, which is not permitted on F-1.

An MTR is possible if the denial is due to an error with adjudication of the I-485 (and there is sufficient evidence supporting the reason for denial was incorrect).

 

21 minutes ago, azblk said:

You can not get F-1 reinstatement after filing for AOS as F-1 is not a dual intent visa. Theoretically you can file a motion to reopen depending on the reasons for the denial.

 

Well, this is just me thinking worst case scenario  let's hope it doesn't come to that and it gets approved without much trouble  All, I wanted to make sure of is that during the AOS interview, they don't give me hard time for reducing my workload to part-time after I filed AOS, lol

[azblk 338]

4 minutes ago, SamSam85 said:

 

 

Well, this is just me thinking worst case scenario  let's hope it doesn't come to that and it gets approved without much trouble  All, I wanted to make sure of is that during the AOS interview, they don't give me hard time for reducing my workload to part-time after I filed AOS, lol

Good luck and you should be fine

 

[SamSam85 47]

On 10/16/2017 at 10:27 AM, geowrian said:

If AOS is denied, you will start accumulating unlawful presence. Getting F-1 with this is unlikely IMO. Plus having a past AOS application is a strong sign of immigrant intent, which is not permitted on F-1.

An MTR is possible if the denial is due to an error with adjudication of the I-485 (and there is sufficient evidence supporting the reason for denial was incorrect).

Hi man, quick question if you don't mind. If I graduate/stop attending school, how would immigration people differentiate between someone who has a pending AOS and is authorized to stay and someone who is out of status and must leave the US?