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SamSam85

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

By SamSam85 in Adjustment of Status from Work, Student, & Tourist Visas

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youyouyaya Rookie

youyouyaya   0

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16 minutes ago, SamSam85 said:

that confirms the theory above, right? 

"if the foreign national is in an unlawful immigration status on the date of filing the adjustment application"

 

It's date of filing, not date of adjudication.

True. Both documents can be printed and brought to the interview just in case certain VO is not familiar with this policy. 

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azblk
azblk

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.

geowrian
geowrian

There's a few issues going on here, so I'll see what I can do to separate and clarify them.   1) This applies to who is eligible to file for AOS. Maintaining legal status is necessary to fil

f f
f f

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.

  • 4 months later...
SamSam85 Collaborator

SamSam85   47

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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 Friend. A question related to this. If someone is "no longer" on F-1, and have an active AOS application with an approved Advanced Parole. Would he/she be able to travel outside the US and enter back again while the AOS is still pending?

geowrian Grand Master

geowrian   22,338

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Filed: Lift. Cond. (pnd) Country: Philippines
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3 minutes ago, SamSam85 said:

Hi Friend. A question related to this. If someone is "no longer" on F-1, and have an active AOS application with an approved Advanced Parole. Would he/she be able to travel outside the US and enter back again while the AOS is still pending?

With an approved AP from the AOS application, you are permitted to exit the US and return (subject to CBP inspection...only USCs are guaranteed entry). It won't abandon the pending AOS application in this case.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
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