question about AOS for student F1

[HUY LE 0]

I'm have a green card, and my spouse has a visa F1, I have fill forms i130, i485,i765 and i 131 for him on october 2017 and he was fingerprinted on november 2017. And on 3/23/2018 visa F1 of him will expired. He can withdraw school or apply other school ?

Thank you

[Roel 7,193]

Since you're just a resident not a USC,  your spouse needs to keep legal status until he receives the green card. He goes out of status = aos denied. Illegal stay is not forgiven for spouses of green card holders. 

 

If his visa is about to expire he needs to leave USA. 

[HUY LE 0]

6 minutes ago, Roel said:

Since you're just a resident not a USC,  your spouse needs to keep legal status until he receives the green card. He goes out of status = aos denied. Illegal stay is not forgiven for spouses of green card holders. 

 

If his visa is about to expire he needs to leave USA. 

Thank you for your reply. If he get a workpermit, he can withdraw school for work or have to keep visa F1?

[aleful 1,905]

Spoiler

 

If you are just a resident, then you filed the wrong petition, he doesn't qualify for concurrent filing, only spouses of a USC qualify for concurrent filing

 

the process for spouses of residents take 2 years, all that time he must be legal in the country, he must be studying until his priority date becomes current, then he can file for adjustment of status. the only forms you had to file were the i130 and the i130A

 

the i485 will be denied and so will the work permit and advance parole

 

 

[HUY LE 0]

11 minutes ago, aleful said:

  Reveal hidden contents

 

If you are just a resident, then you filed the wrong petition, he doesn't qualify for concurrent filing, only spouses of a USC qualify for concurrent filing

 

the process for spouses of residents take 2 years, all that time he must be legal in the country, he must be studying until his priority date becomes current, then he can file for adjustment of status. the only forms you had to file were the i130 and the i130A

 

the i485 will be denied and so will the work permit and advance parole

 

 

He apply i130 first, it apporved, after that he appy i485,i765 and i131. They are pending. I just question, if the get workpermit he can withdraw school or have to keep visa F1?

[aleful 1,905]

was his priority date current? how long ago did you file the i130? for now he needs to be in school, if his i485 is denied for some reason and he abandoned his F1 student visa, then he will be illegally in the country. overstay isn't forgiven

 

 

[thewaitingame 34]

spouse of LPR visa is not current. I don’t know why they didn’t return your documents but you need to wait until you’re PD on your i130 to be current then file i485-131-765 then