sensuelle1985

Thanks Sensuelle 1985 for the reply,may I ask if she is applying from K1? Because i have heard from many cases here that they were not interviewed and given GC.My case is AOS based on marriage here in US.

Marriage based. She had an F1 visa just like me.

A friend of mine received the exact mesage, of course with her own MSC # and 2 weeks letter received her approval letter and the follwing days her GC

I have applied for AOS in june 20th. I received RFE for I-485 and submitted the request which they received on August 15th. I also received AP and EAD september 6th.

What is the expected time frame for next step?

What visa are you adjusting from?

Thanks for your reply.

Honestly, I do not understand how this works, maybe you can help me.

For the published processing times in Baltimore (USCIS site), it only says they are working on Nov filings on June 30. how did you manage to know they are already working on other Baltimore cases filed around the same time?

I am a bit confused how April filers are getting interviews scheduled in Sept, which conflicts with those published processing time.

My office is San Francisco, and it has more or less, the same timeline as Baltimore, and my expectation was having the interview Mar 2017 (for June filing), am I getting something wrong?

USCIS is not accurate when it comes to processing time. I have some friends who applied after and have there cases scheduled before me hence the reason I started contacting USCIS. Also I play with the number online to see if cases that are after me have any updates.

Marriage based greencard typically takes 6 months with no RFE involves unless one has background check still in process. Also if the officer who working on your case is slow, your case will be handle slowly and with delay.

Check your spam/junk folder, I found some email notifications there.

Can you share what you told to the customer service?

i tols them my PD is April 4th, 2016 and had my fringerprint in May. and received my EAD in july. How come I still dont have my interview schedule but other from baltimore who apply after me already had there interview or interview date. She told me she doesnt know that her screen is showing a backup from baltimoreand to expect an interview date in 6 months. I told her 6 months would put me out of the normal processing time. Told her I wanted to talk to a tier 2 person and told me they stop transferring for the rest of the day. I said I would send a letter to the congress man and hang up. the next day my interview was schedule

You will send your package to:

USCIS

PO Box 805887
Chicago, IL 60680-4120

(If you use USPS)

or

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

(if you use UPS, FEDEX)

They work on applications on first come first serve basis

It can take up to 30 days to receive I-797 in the mail. if passed 30 days contact USCIS

Your wife came on a K1 visa, and you were not ask for an interview (most K1 don't) hence the greencard approval notice. Congrats and enjoy your new journey

The age difference is no problem at all. My husband is 14 years older than me. If you provide proof of bonafide relationship/marriage there is nothing to be worried about. I don't get the fact that she lost her citizenship because she divorced her husband (never heard of that) but anyhow make sure that she had all the documentation showing that she is legally divorce. Also know that by her being a greencard hold you will not have your visa available immediately.

You may be making assumptions on intent.

Unless I am wrong isn't applying for an F1 visa is because of the intent to study ?

I'm not making any assumption at all.

Do not rely on the USCIS website, I apply in April and never had my status change to "case is ready to be schedule", surprisingly last week I had a text update (no email notification which is weird) that my interview has been schedule for late September. My filed office is Baltimore, MD and on the website it says they are working on

November 9, 2015

hang in there. Also try calling customer service, the day after I called i got the interview schedule. (might be a coincidence but hey doesnt hurt to try)

people people, why be rude to each other? this forum is to help one another.... not being okay with what someone else has said does not have to turn into war. If she does not want to enroll let her be. Every one situation is different. If she does not get granted AOS she will just have to leave the country period.....

Now Tindera my thoughts to you is to still enroll as you came here with the intend to study. Being married to a USC only gives you the eligibility to apply for AOS. if your AOS does not goes in your benefit at least you will still have a legal status. no one is attacking you on anything they are giving you their opinion.

I used this company worldaccesstrans.com they send you a certified PFD and can mail you a hard copy. I send the PDF copy to USCIS and kept the original one just in case i need it in the futrure. NO RFE received.

What is WOM and how does it work?

What is WOM and how does it work?

hi sensuelle,

sorry to say this but you are not correct.

You must use Form I-864W instead of Form I-864 or Form I-864EZ with your application for an immigrant visa or

adjustment of status if any of the following apply:

1. You have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA). If you

have 40 quarters of SSA coverage, you are exempt from the requirement to file Form I-864 or Form I-864EZ.

You can acquire 40 qualifying quarters in the following ways:

A. Working in the United States for 40 quarters in which you received the minimum income established by the Social

Security Administration;

B. By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act (INA) with quarters worked

by your spouse during the marriage or a parent during the time you were under 18 years of age; or

C. A combination of the above.

Sky459,

Thank you for that information. I thought that your sponsor or co sponsor income are the one that matter, and the petitioner income is optional. I also thought that the I-864w is for self petitioner

You have to send I-864. The I-864w is if you want to add another household member income to your primary I-864. If your spouse do not have enough income, you will need a sponsor.

Now that your I-130 has been approved, you can now send your I-485 form with a copy of your approved I-130

Correct. Using an AOS benefit terminates the F-1 status. Merely applying for AOS does not terminate the F-1 status.

If a person does not use an AOS benefit and maintains his F-1 status, then a denial of the AOS does not terminate the F-1 status.

I agree... I'm the one who was not clear

Once you start using EAD based on your adjustment of status, it terminates your current visa.

Same rule. An I-140 is for an employment based green card (ultimately). An I-130 is for a family based green card. Both would use the I-485 to adjust status for a green card.

Ask your lawyer where is the law that says applying for AOS from an F-1 is cause for revocation of the F-1. I can't prove to you that a law does not exist because it doesn't exist. Your lawyer needs to show that this law about revocation exist.

Once you start using EAD based on your adjustment of status, it terminates your current visa.

The immigration lawyer is wrong.

Applying for AOS does not cause revocation of a person's non-immigrant status.

http://www.hooyou.com/f-1/140filing.html

Maintain, Terminate, and Lose F-1 Status

An F-1 student is admitted for duration of status. The student is considered to be maintaining his/her status if s/he is making normal progress toward completing a course of study. According to this provision, "making normal progress toward completing a course of studies" is the only thing required to maintain F-1 status as stipulated by immigration law. Based on this understanding, F-1 students who file the I-140 do not fail to maintain their F-1 status simply because of this filing.

Federal regulations provide the circumstances that non-immigrant status be terminated: "[w]ithin the period of initial admission or extension of stay, the non-immigrant status of an alien shall be terminated by the revocation of a waiver authorized on his or her behalf under section 21 (d) (3) or (4) of the Act, by the introduction of a private bill to confer permanent resident on such alien; or, pursuant to notification in the Federal Register, on the basis of national security, diplomatic, or public safety reasons." Note that filing an LPR petition is not listed as a circumstance that can lead to the termination of non-immigrant status.

If a student is employed without authorization, is not pursuing a full course of study, transfers schools without permission, or fails to complete a full course of study in time and is ineligible for a program extension, s/he is out of status and subject to deportation. Under this provision, filing an I-140 or I-485 is not listed as a cause for being "out of status."

Some attorneys may argue the laws require the F-1 student to have non-immigrant intent to maintain his/her status. However, some legal experts observe that such "non-immigrant intent" is inconsistent from a historic viewpoint and illogical from the spirit of law. If F students are allowed to have the intent to switch to H-status, and H-status allows for the intent to switch to LPR status, then isn't the desire to switch from F status to H status a strong indication that an alien intends to stay in the US and is therefore not eligible for the F status? Put differently, if F aliens can freely change to H status and H aliens can freely change to LPR status, then logically speaking F aliens should be allowed to freely change to LPR status.

Moreover, if assuming that the USCIS interprets the non-immigrant intent broadly to cover the maintenance of F-1 status, an F-1 status holder who has filed an immigration petition may argue that his filing of I-140 is a "law-afforded" action to test whether he can lawfully remain in the US permanently and his legitimate desire (not intent) as demonstrated by the I-140 filing therefore should not negatively impact his F-1 status quo. Since the first desire (filing the I-140) is authorized by law, a reiteration of the desire (filing the I-485) should invite nothing more than a second authorization.

Therefore, it is reasonable to conclude that "non-immigrant intent" can be interpreted differently under different scenarios and is applied differently for applying for F-1 visa outside the US and for maintaining F-1 status while in the US.

You are referring to I-140!

F1 student apply for I-130/485 when married to a USC and when the AOS is filed you are in pending status. If your petition is denied for example you can't leave the country and you your F1 to re-enter because it will be considered fraud.

Hello Everyone,

So I ask an immigration lawyer yesterday about what happened to F1 status when in AOS process and was told that once you apply for AOS, or any other immigration status, your current visa/immigration status is revoked. That means your previous F-1 visa is now invalid, your OPT EAD card is also invalid, because you are adjusting out of that status. Therefore, once you apply for AOS, you must stop working under your original EAD card from your OPT authorization and begin working on the AOS EAD card. Continue working on the OPT EAD card and associated alien number is not technically legal however I believe they do give a little bit of grace period until you get your AOS EAD card and permanent alien number.

I was told I'd loose my job on campus if I fall under 12 units as that means to them I am breaching my F-1 visa conditions.

My advisor from International Student Services advised I could only fall under 12 units a) financial hardship b) medical reason c) last semester. What reason did you provide?

He wrote: "If you terminate your F-1 status while the permanent residency is pending, then you won't be able to take classes anymore until approved." (and with that I can't work on campus)

It's Pasadena City College in California. I checked other universities and most wrote that a student needs to wait 365 days once AOS is filed (I-797C) until they are entitled for resident tuition. Might be a state thing?

I see.... I guess different states different laws...

I am in MD and here as soon as you get your I-797C you automatically qualify for residency for a year, after that they review it to see where your case stand then if its still pending they renew for another year until final result of your case.

Too bad you advisor won't allow you to take less then 12credits, because if they allow you can still work under F1....

@sensuelle1985

I've decided to continue to study full time till the interview is over. One of my friends was questioned about her F-1 breach in the interview as she fell under 12 units.It didn't affect the decision in her case, but I just want to raise as few questions as possible. Also, I wouldn't be able to work until the EAD comes through and probably loose my job on campus, which I really don't want. I'll only take classes I enjoy though to make this semester when the green card is pending a little less stressful.

PS: My college's policy states that I could not take any classes at all if I fall under full time course load while AOS is pending. Different from school to school and maybe yours would still let you take classes.

I understand. But I am very surprise as getting married and adjusting status while on F-1 is considered a breach, unless your friend was out of status before getting married as any out of status and overstay are forgiven regardless of the length of the overstay and out of status as long as the country has been entered legally.

Why do you think you will loose your job? As far as your course load, your advisor can actually give you permission to fall under 12 credits, I have done it 2 semesters in a row.

Your school policy is very weird because most community college and university you can register in state tuition while AOS is pending and register part time by bringing your I-797C so they can put information in the system.

What state are you in if I may ask?

There is a slight difference in procedures. For AOS applicants that fall within the Immediate relative category, they do not have to prove that they were in status for all periods in the U.S. All that is required for AOS within the U.S.A. is that you were legally admitted into the country.

For AOS applicants that DO NOT fall within the immediate relative category, the rules differ. If they have had unauthorized employment and/or have been out of status at any point during their stay in the U.S.A., they are disqualified for AOS.

This is why non-immediate relative category applicants need to prove they've been in status continuously.

In short: AOS applicants in Immediate Relative Category DO NOT need to be in status during their entire stay in the U.S.A, and therefore do not need to provide proof of lawful status for the duration of their stay. This is why showing I-20s for your whole stay as an F-1 student becomes irrelevant. You do not need to show that you've been in status the whole time. You only need to show that you entered with a valid F-1 Visa

Very you explanation you gave, thank you