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

[AhsanTX 18]

Found some good information. Thanks Guys. 
I am also going to apply for AOS soon and I am in F-1 OPT now.

[SamSam85 47]

On 3/19/2018 at 2:12 PM, geowrian said:

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.

Hi Friend, my AP/EAD has been pending for 6.5 months. Yesterday, USCIS responded to my congressman saying "We have requested a review of the cases and the files will be reviewed by an examining officer in the order received". Do you have an idea what this means? 

[SamSam85 47]

Just now, Dee elle said:

It means exactly what it says..  your case is in line for review and will be reviewed when it reaches the top of the pile.. how long that will be is anyone's guess. 

how is the different from someone who filed yesterday for example? it will also be inline and waiting to be examined, no? I didn't understand what they meant by "we requested a review of the cases", does that even have to be mentioned?

[SamSam85 47]

1 minute ago, Dee elle said:

The request from the congressman office is different to normal processing procedures

Gosh man, 7 months and its inline for a damn EAD? why do some people get it in 90-120 days ughhh

[SamSam85 47]

14 minutes ago, Dee elle said:

Because it's USCIS and a complex process and every case is different.  EAD and AP are dependent on the processing of the AOS, have you received an RFE? 

no RFE. Had an infopass last month, officier said your AOS is pre-adjudicated and waiting visa number. I asked about security check, he said if it is pre-adjudicated, that means it passed security checks, etc.

So not sure at all why the hold up man.

[SamSam85 47]

On 4/13/2018 at 1:27 PM, Dee elle said:

Because it's USCIS and a complex process and every case is different.  EAD and AP are dependent on the processing of the AOS, have you received an RFE? 

I heard that filers who use the early filing chart (eligible to file but their PD is not current) would not get their EAD processed until their PD becomes current. 

[SamSam85 47]

Guy

On 10/15/2017 at 10:13 PM, 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 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.

Any idea if this is impacted by the latest rule w/ USCIS that F1 would start accruing days after August 15?

[azblk 338]

22 minutes ago, SamSam85 said:

Guy

Any idea if this is impacted by the latest rule w/ USCIS that F1 would start accruing days after August 15?

There is No impact as of now. You still don't accrue unlawful presence with a properly filed non frivolous  i-485.

[SamSam85 47]

2 hours ago, azblk said:

There is No impact as of now. You still don't accrue unlawful presence with a properly filed non frivolous  i-485.

Now I wonder if they are going to start denying AOS because one has not maintained status till interview date.

[azblk 338]

56 minutes ago, SamSam85 said:

Now I wonder if they are going to start denying AOS because one has not maintained status till interview date.

On another forum some one likened it to dropping a batch of marbles on floor to trip up whoever whenever.

[SamSam85 47]

Just now, azblk said:

On another forum some one likened it to dropping a batch of marbles on floor to trip up whoever whenever.

What do u mean?

[azblk 338]

1 minute ago, SamSam85 said:

What do u mean?

Make life much harder for anyone that runs afoul of the law. Example : Under current policy an out of status F-1 student with an F2A petition whose priority date is current can not AOS because they are out of status. However they can go home and do consular processing and because they have no unlawful presence come back to the US. With the new policy that will not be possible as they would catch the 3/10 years bans if they over stayed more than 6/12 months.

I think the long game here is to eventually say you can not AOS if you are out of status or if you have unlawful presence. Trump is setting the table for something like that.

[SamSam85 47]

6 minutes ago, azblk said:

Make life much harder for anyone that runs afoul of the law. Example : Under current policy an out of status F-1 student with an F2A petition whose priority date is current can not AOS because they are out of status. However they can go home and do consular processing and because they have no unlawful presence come back to the US. With the new policy that will not be possible as they would catch the 3/10 years bans if they over stayed more than 6/12 months.

I think the long game here is to eventually say you can not AOS if you are out of status or if you have unlawful presence. Trump is setting the table for something like that.

So what you meant about the F2A only refers to those who are out of status “AND” have not yet applied to AOS right?

[azblk 338]

11 minutes ago, SamSam85 said:

So what you meant about the F2A only refers to those who are out of status “AND” have not yet applied to AOS right?

yes those whose PD is not yet current

[SamSam85 47]

4 minutes ago, azblk said:

yes those whose PD is not yet current

Now I worry about interview. Whether they expect people to be in status until the day of interview