Adjustment of status

[Dawid1 0]

Hi. Apologize for my English but O am GC holder snd my wife is a student to the end of the year. We send form I485, I765 and I131 to adjust her status and to get a work permit. She's already after biometrics and the case status shows "Case Is Being Actively Reviewed By USCIS" as of December 6. Notice receipt date is November 7. And my question is, can she expect to receive work permit soon, like in a month maybe?

[Dashinka 24,628]

When did you file the package?  The EAD/I765 can take some time to process, anywhere from 5-8 months.

 

Good Luck!

[Scott-Ilyn 82]

Hi.  If your wife has a written offer of employment, she can attempt to expedite the EAD (work permit).  This was possible a couple of years ago with some success and some failure.  I'm not sure if this possible any longer but it is worth looking into.

[appleblossom 2,791]

3 hours ago, Dawid1 said:

We send form I485, I765 and I131 to adjust her status and to get a work permit. 

 

Just to confirm, you've also filed I-130 and her Priority Date was current when you submitted the I-485? 

 

When does her F-1 expire?

[Dawid1 0]

39 minutes ago, appleblossom said:

 

Just to confirm, you've also filed I-130 and her Priority Date was current when you submitted the I-485? 

 

When does her F-1 expire?

Yes. Priority date was in June. Everything we prepared with our lawyer.

 

Our lawyer said that her GC is pending and she will be fine if she stop attending to school after finishing semester. She already finished semester

 

 

Edited December 9 by Dawid1

[hmwtx 13]

We filed my husband's all three together at the end of March 2024.  Receipt date from USCIS was 03/29/2024.

He got his biometrics letter almost immediately, and an RFE asking for his medical - which he did and sent in in May of 2024.

His EAD and Advance Parole were approved at the beginning of July and the card arrived in the mail on July 11.  From what I understand, that is pretty quick (3.5 months) and some people have had to wait quite a bit longer.  In our case, he had already graduated in May 2023 and had already been working on an EAD prior to the expiration of his visa, which was in mid-May 2024.  He's still here, and we're about to finish the whole thing... we did our interview on December 6 (a second one, as the first one was not properly done by a trainee officer, according to the new officer who did the more recent one).  She approved my I-130 on the spot, but they want a couple of documents in certified form to approve his I-485 which we did not have at the interview with us, and for which they have issued an RFE specifically for those this past Monday.  We will get those and send them in as soon as we can, the deadline we were given is in March 2025.  

 

Overstaying on an expired visa after you are married and the applications are filed is overlooked/forgiven.  Your wife cannot work until she gets her permit, and cannot leave the country until she gets her advance parole, but she can stay here until your case ends without any worries.

[Dawid1 0]

5 minutes ago, hmwtx said:

We filed my husband's all three together at the end of March 2024.  Receipt date from USCIS was 03/29/2024.

He got his biometrics letter almost immediately, and an RFE asking for his medical - which he did and sent in in May of 2024.

His EAD and Advance Parole were approved at the beginning of July and the card arrived in the mail on July 11.  From what I understand, that is pretty quick (3.5 months) and some people have had to wait quite a bit longer.  In our case, he had already graduated in May 2023 and had already been working on an EAD prior to the expiration of his visa, which was in mid-May 2024.  He's still here, and we're about to finish the whole thing... we did our interview on December 6 (a second one, as the first one was not properly done by a trainee officer, according to the new officer who did the more recent one).  She approved my I-130 on the spot, but they want a couple of documents in certified form to approve his I-485 which we did not have at the interview with us, and for which they have issued an RFE specifically for those this past Monday.  We will get those and send them in as soon as we can, the deadline we were given is in March 2025.  

 

Overstaying on an expired visa after you are married and the applications are filed is overlooked/forgiven.  Your wife cannot work until she gets her permit, and cannot leave the country until she gets her advance parole, but she can stay here until your case ends without any worries.

My wife is worried that she should continue go to school until she will recive at least work permit, especially now when Trump will be a president. Is she really safe or just in case she should continue with school? Because we pay 1500 for one semester and this is alot of money...

[hmwtx 13]

You guys are married and have an active application already filed.  There really isn't much that could force her to leave, as you are following all of the rules that have already been in place with regard to getting her residency processed.  If it was me, I would not fear anything and would not spend the money on classes just for the sake of trying to stick around on a visa that is expired, or will expire soon.  She already completed the academic work she was admitted in order to do, so unless she really wants a higher degree then there is no point in going back to school.  This is my opinion, anyway.  My husband came over here to get his fifth college degree, and did so over a year ago, so he had an EAD that allowed him to work in his new field (paramedic) while still under the old visa.  His employer was working on an employment visa for him when we met, but for reasons beyond his control they dropped it and so he was facing the end of his visa and the need to leave when we decided to get married so he could stay here with me.  Everything is working out as expected, we are enjoying life as man and wife while the USCIS works on finishing their kafkaesque bureaucratic process and paperwork.  He got his new EAD and AP, and went back to work after being unemployed for 7 months.  We haven't had any issues, and when the interviewer asked him about the visa, which he told her he knew was expired, she just smiled and said, it's ok, you are fine.  She asked if he's been working in the US since then, and he told her the truth and showed her his EAD card (which of course she already knew he had anyway). As long as you follow the rules and do what you're supposed to do, there's nothing to worry too much about.

 

The majority of the new initiatives that Trump has brought up seem mostly to do with immigrants who are not here legally - your wife is.  They're gearing up to add funding to ICE (who deports illegal immigrants found living here) and to remove birthright citizenship (which would eliminate the "safety net" of so-called "anchor babies").  All of this is stuff that an illegal immigrant would have to worry about - again, your wife is not an illegal immigrant.  She entered on a visa and then got married to you, who lives here with full permission.  The new things are not a threat to her.

[appleblossom 2,791]

53 minutes ago, hmwtx said:

Overstaying on an expired visa after you are married and the applications are filed is overlooked/forgiven.  

 

It is for immediate relatives - but the OP is a green card holder, not USC. 

[Boiler 45,715]

Just to be clear she has Graduated.

[Dawid1 0]

This is the message she received from school, she has been attending school since 2014, she has other diplomas that she received for other courses. However, as you can see in the photo, she did not complete the last course due to the vacation.  Could this have any effect?

[Boiler 45,715]

She has been studying just to maintain status, for 10 years, that could raise eyebrows.

[Dawid1 0]

So does anyone have any other opinions on this? what should we do? Thank you @hmwtx for yours

[Dawid1 0]

On 12/11/2024 at 6:22 PM, Boiler said:

She has been studying just to maintain status, for 10 years, that could raise eyebrows.

What do you mean?

[Boiler 45,715]

10 years?

 

Was she using CPT?