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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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azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
 Timeline
Posted
54 minutes ago, SamSam85 said:

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

not according to the current policy.  No one know the future so who knows what will change. BUt as of right know you are good

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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.

killadocg23 Collaborator

killadocg23   88

Posted
Filed: AOS (pnd) Timeline
Posted
1 hour ago, azblk said:

yes those whose PD is not yet current

WHat is a priority date? How does one find their priority date? Does this affect all immigrants or ones from certain countries? I am filing my AOS in June and and an F1 Student in Current valid status. I finish school in august

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted
10 hours ago, killadocg23 said:

WHat is a priority date? How does one find their priority date? Does this affect all immigrants or ones from certain countries? I am filing my AOS in June and and an F1 Student in Current valid status. I finish school in august

A Priority Date is basically your spot in line for a visa number to become available. That's oversimplified, but is the gist of it. This is listed on the I-130 receipt notice (NOA1). Every immigrant petition receives one, but they really only matter for family preference (and employment-based) immigration categories.

If you are in an immediate relative category (e.g. spouse, under-21 child, or parent of a USC), then your PD is current immediately upon filing.

 

The wait for a PD to become current is longer for a handful of oversubscribed countries in some categories.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

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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SamSam85 Collaborator

SamSam85   47

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40 minutes ago, geowrian said:

A Priority Date is basically your spot in line for a visa number to become available. That's oversimplified, but is the gist of it. This is listed on the I-130 receipt notice (NOA1). Every immigrant petition receives one, but they really only matter for family preference (and employment-based) immigration categories.

If you are in an immediate relative category (e.g. spouse, under-21 child, or parent of a USC), then your PD is current immediately upon filing.

 

The wait for a PD to become current is longer for a handful of oversubscribed countries in some categories.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Friend, thoughts on the latest USCIS new?

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
8 minutes ago, SamSam85 said:

Friend, thoughts on the latest USCIS new?

Shouldn't be an issue if you already properly filed an I-485. Once filed, you will not accrue any unlawful presence. Unlawful presence is the actual bar to AOS, so I don't see anything being different in your 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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thepanda Collaborator

thepanda   87

Posted
Filed: AOS (apr) Country: Germany
 Timeline
Posted
On ‎5‎/‎12‎/‎2018 at 1:02 AM, SamSam85 said:

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

What status are you in now?

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thepanda Collaborator

thepanda   87

Posted
Filed: AOS (apr) Country: Germany
 Timeline
Posted (edited)
6 minutes ago, SamSam85 said:

 

Pending adjustment of status. School finished few months back.

Can I ask you if you already have your EAD?

And do you have an interview scheduled yet?

 

I want to quit my job that's why I am asking. After reading your topic I understand that I am allowed to lose my current status and become "pending i-485 status". I don't want to hijack your topic!! Please irgnore this sentence if this is inappropiate.

Edited by thepanda
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