SEVIS Termination before I485 Receipt Notice

[universeunbound 1]

Hi there

 

We have recently filed the I-130 and I485 concurrently on 28th september 2020 (F1 Marriage to US Citizen in September, in a relationship for 2 1/2 yrs)

 

I have requested a withdrawal from school today (been on F1 since Jan 2020) because covid and online classes have been academically unfulfilling and I am not enamored with my program anymore, especially when its going to be online for the foreseeable future. I initially came to the US to study and pursue my masters, but soon realized that online classes are not conducive to my learning.

 

However, we haven't received a notice of I485 yet to prove temporary protected status. Will the fact that SEVIS has been terminated before money orders have been processed/application reviewed cause issues at all? Especially since on I485 I wrote "Active F1 Status" for current immigration status. Since I have a 14 day grace period from today, I am legally here until October 23rd, but I don't know if i485 will be processed by then, meaning I would technically be out of status? Is this grey area an issue that can cause our application to be denied since when the application is being reviewed by an officer I am not in the F1 status anymore even though the i485 says I am, or will I be fine?

[mushroomspore 3,044]

19 minutes ago, universeunbound said:

Hi there

 

We have recently filed the I-130 and I485 concurrently on 28th september 2020 (F1 Marriage to US Citizen in September, in a relationship for 2 1/2 yrs)

 

I have requested a withdrawal from school today (been on F1 since Jan 2020) because covid and online classes have been academically unfulfilling and I am not enamored with my program anymore, especially when its going to be online for the foreseeable future. I initially came to the US to study and pursue my masters, but soon realized that online classes are not conducive to my learning.

 

However, we haven't received a notice of I485 yet to prove temporary protected status. Will the fact that SEVIS has been terminated before money orders have been processed/application reviewed cause issues at all? Especially since on I485 I wrote "Active F1 Status" for current immigration status. Since I have a 14 day grace period from today, I am legally here until October 23rd, but I don't know if i485 will be processed by then, meaning I would technically be out of status? Is this grey area an issue that can cause our application to be denied since when the application is being reviewed by an officer I am not in the F1 status anymore even though the i485 says I am, or will I be fine?

You should be fine. You're here legally until October 23 anyway and you should be getting your receipt notice before then. They also probably won't ask anything about your F1 at your AoS interview (the officer asked me nothing about mine at our interview; mine had already been expired for almost 2 years at that point).

[aaron2020 11,651]

You're fine.

Since you entered the US legally and dropping out of school while adjusting status is not a problem when you are adjusting status based on marriage to a US citizen.

 

VIsa overstay isn't even a problem when adjusting status based on marriage to a US citizen.  

[wagecuck3 31]

2 hours ago, universeunbound said:

Hi there

 

We have recently filed the I-130 and I485 concurrently on 28th september 2020 (F1 Marriage to US Citizen in September, in a relationship for 2 1/2 yrs)

 

I have requested a withdrawal from school today (been on F1 since Jan 2020) because covid and online classes have been academically unfulfilling and I am not enamored with my program anymore, especially when its going to be online for the foreseeable future. I initially came to the US to study and pursue my masters, but soon realized that online classes are not conducive to my learning.

 

However, we haven't received a notice of I485 yet to prove temporary protected status. Will the fact that SEVIS has been terminated before money orders have been processed/application reviewed cause issues at all? Especially since on I485 I wrote "Active F1 Status" for current immigration status. Since I have a 14 day grace period from today, I am legally here until October 23rd, but I don't know if i485 will be processed by then, meaning I would technically be out of status? Is this grey area an issue that can cause our application to be denied since when the application is being reviewed by an officer I am not in the F1 status anymore even though the i485 says I am, or will I be fine?

Most adjustment of status applicants need to be in status up to the receipt date, which is the date that the I-485 is physically received at the lockbox. Hopefully you sent the package with tracking and you know when it was received. Any status violation after the receipt date does not count for that I-485, unless you start working illegally.

 

Immediate relatives of US citizens do not need to be in status in order to adjust, as long as they entered the US legally.

[universeunbound 1]

6 minutes ago, wagecuck3 said:

Most adjustment of status applicants need to be in status up to the receipt date, which is the date that the I-485 is physically received at the lockbox. Hopefully you sent the package with tracking and you know when it was received. Any status violation after the receipt date does not count for that I-485, unless you start working illegally.

 

Immediate relatives of US citizens do not need to be in status in order to adjust, as long as they entered the US legally.

The receipt date on the USPS packet was 28th September at the Chicago lockbox. We just have not received a notice of acceptance which is the worrying part since my sevis is now terminated and the money hasn't been cashed so I don't know if the fact that my i485 when reviewed by someone at the lockbox will be wrong and rejected since I wrote active f1 for current status which I was in at the time I filled and sent the application on the postmarked date.

 

Postmarked date is actually 26th Sept 2020 since it was sent by usps overnight.

 

 

[aaron2020 11,651]

4 minutes ago, universeunbound said:

The receipt date on the USPS packet was 28th September at the Chicago lockbox. We just have not received a notice of acceptance which is the worrying part since my sevis is now terminated and the money hasn't been cashed so I don't know if the fact that my i485 when reviewed by someone at the lockbox will be wrong and rejected since I wrote active f1 for current status which I was in at the time I filled and sent the application on the postmarked date.

 

Postmarked date is actually 26th Sept 2020 since it was sent by usps overnight.

 

 

You have nothing to worry about.

Even if you overstay your visa, it will not be used against you.  Visa overstays does not prevent a spouse of a USC from adjusting status for a green card.  

[universeunbound 1]

9 minutes ago, aaron2020 said:

You have nothing to worry about.

Even if you overstay your visa, it will not be used against you.  Visa overstays does not prevent a spouse of a USC from adjusting status for a green card.  

Thank you for the reassurance. Here's hoping to a receipt notice by the 23rd