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Mena1994

GREEN CARD RESIDENT WITH HUSBAND AOS AND FOOD STAMPS

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Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
3 hours ago, Family said:

@powerpuff 1…Hacking 0

 

 

As long as applicant in status at time of filing and visa bulletin is current AND no unauthorized employment, any F-2 B can apply for AOS….and even if visa bulletin retrogresses , they are fine and will have EAD issued.

 

The subject comes up quite frequently ..most recently an F-2 B poster’s I-485 was delayed by USPS and she missed her I-94 expiry by 3 days , She posted a copy of the denial with relevant sections of the law. 

 

 

F2A

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Filed: Timeline
13 hours ago, Crazy Cat said:

I know.  However, Hacking made a point of stating the person would have to be in status BOTH when applying and when adjustment was adjudicated.  If the "authorized stay" policy was in effect until approval or denial, why didn't he just say "in status when applying".  Having an available visa number, in itself, does not confer status, does it?

Anyway, like I said, it's an interesting and rare case for me. 

He probably made the recommendation about remaining in status until the AOS application gets adjudicated in the off chance the application gets denied for some other reason (outside of being out of status), being in status ensures the applicant is able to legally remain in the US following the AOS denial and probably re-file (if they’re able to address the basis of the denial). As long as OP’s spouse filed for AOS before I-94 expiration, the application will not be denied for being out of status at the time the application gets adjudicated. 

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7 hours ago, SteveInBostonI130 said:
11 hours ago, Family said:

@powerpuff 1…Hacking 0

 

 

As long as applicant in status at time of filing and visa bulletin is current AND no unauthorized employment, any F-2 B can apply for AOS….and even if visa bulletin retrogresses , they are fine and will have EAD issued.

 

The subject comes up quite frequently ..most recently an F-2 B poster’s I-485 was delayed by USPS and she missed her I-94 expiry by 3 days , She posted a copy of the denial with relevant sections of the law. 

 

 

F2A

Yes, meant to include both in the preference category.. Thanks

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