Filed I-485, I-785, etc.. when can my wife stop going to school?

[xulakolof 0]

Hello, I'm a permanent resident and my wife is on a F-1 Visa with 2 years left on it.  We filed I-485, I-765, I-130, I-864 and I-131 last week.  We haven't received any update yet but we're curious when she can safely stop going to school?  I believe her current school term is up soon and will have to renew hence the question.  Thanks!

[JFH 12,190]

Your wife must remain in legal status until your priority date becomes current. If her authorized stay expires before the priority date becomes current then she must leave the country. 

[KazuriSana 324]

7 minutes ago, JFH said:

Your wife must remain in legal status until your priority date (??) becomes current. If her authorized stay expires before the priority date becomes current then she must leave the country. 

They have already filed AOS while she is in the US. She does not have to leave, since she has a case pending. If she leaves,  she has abandoned the AOS. When she is in, even though her student visa may expire, she is somehow in legal status INSIDE THE US since she has already filed AOS. 

 

Things however get complicated if her student visa expires and she exits the US before AP or GC.

Edited August 15, 2018 by BlessedAssurance

[JFH 12,190]

2 minutes ago, BlessedAssurance said:

They have already filed AOS while she is in the US. She does not have to leave, since she has a case pending. If she leaves,  she has abandoned the AOS. When she is in, even though her student visa may expire, she is somehow in legal status INSIDE THE US since she has already filed AOS. 

 

Things however get complicated if her student visa expires and she exits the US before AP or GC.

OP is a green card holder, not a USC. She cannot file the I-485 until the PD is current. Overstay is not forgiven for spouses of LPRs. 

Edited August 15, 2018 by JFH

[xulakolof 0]

Priority date was current - we've already filed I-485, etc..

[KazuriSana 324]

1 minute ago, JFH said:

OP is a green card holder, not a USC. She cannot file the I-485 until the PD is current. Overstay is not forgiven for spouses of LPRs. 

 

Gotcha! I was of the premise that OP is a USC. However, they say they have already filed the I-485.

[JFH 12,190]

How can the PD be current if the I-130 was only filed last week? 

[xulakolof 0]

Sorry, my mistake - we sent in I-130A + the I-130 with the I-485.  I'll update the original post!

[Illiria 980]

Sorry I’m confused but you said you filed the 130 at the same time as the 485? When did you file the petition, the 130? When was it’s priority date?

 

If you are a permanent resident you cannot file the 130 and the 485 at the same time, you file the 130 then wait two years or so for the priority date to become current and if she has stayed in status the whole time then you can file the rest.

Edited August 15, 2018 by Illiria

[xulakolof 0]

Hmm, I don't know how to edit the original post...

22 minutes ago, xulakolof said:

Hello, I'm a permanent resident and my wife is on a F-1 Visa with 2 years left on it.  We filed I-485, I-765, I-130, I-864 and I-131 last week.  We haven't received any update yet but we're curious when she can safely stop going to school?  I believe her current school term is up soon and will have to renew hence the question.  Thanks!

This is meant to read that we filed the I-130 + I-130A and our priority date is current.

[JFH 12,190]

5 minutes ago, xulakolof said:

Hmm, I don't know how to edit the original post...

This is meant to read that we filed the I-130 + I-130A and our priority date is current.

So what was filed last week? 

[Illiria 980]

3 minutes ago, xulakolof said:

Hmm, I don't know how to edit the original post...

This is meant to read that we filed the I-130 + I-130A and our priority date is current.

Ah so you had already filed the 130, it was approved, you waited until the priority date was current and then last week you filed the rest. 

 

I honestly don’t know, sorry, but I would wait until you had the green card but that’s because I am hyper cautious person plus doesn’t she want to get her degree or would she be looking at transferring schools which would be difficult at the juncture? 

[KazuriSana 324]

You filed the I-130 just last week? It is now Tuesday, and PD is already current. Even if mail was delivered same day, this is like just five or so working days maximum! Things are moving that fast now at USCIS!?

[xulakolof 0]

I'm starting to think I should start a new, corrected thread.

[Illiria 980]

6 minutes ago, xulakolof said:

I'm starting to think I should start a new, corrected thread.

You can just report it to a mod, ask them to replace the text, it’s the little flag icon on your original post the same line as the one that says how long ago the post was made.