F1 to Marriage Based AOS

[dubi]

Hi there!

I'm new here but have been visiting for some months now. I've looked around for an answer to this question but I'm not entirely sure how to phrase it in search queries so that it returns useful results.

I got married to a US Citizen April 29th 2017. We submitted forms I-130 and I-485 with I-131 and I-765 early July and received confirmation of receipt from USCIS July 10th (I guess that makes it our PD then).

I'm just a little unsure of what this means to my F1 student status. From what I can tell I'm still technically F1 student and need to maintain status. The only issue there is that my last semester starts in January and I will only need to take 7 credits to complete my degreen. As I understand, in situations like this, exception is made to the 12 credit threshold correct?

While I don't expect to have had any real progress with a green card by then, I do anticipate receiving my EAD within the next month or two. When I have an EAD do I need to maintain F1 status or does one typically have more flexability with that? I would think that having an EAD means you can live and work in the USA legally until it expires?

I'm just trying to figure out what I will and wont be able to do when January roles around. I'd like to take one of my classes online so that I can take a full-time internship but I'm uncertain if I'll be allowed to with the restrictions on how many credits must be taking on campus as an F1 student. I'm hoping that with an EAD I don't need to follow that rule.

[Timona]

Yes. you have to maintain your F-1 Status.
You can work outside upon getting your EAD.
I believe you will be exceptional to the 12 credit due to the fact that you have completed all the other requirements for the course.

Your situation mirrors mine. I only have 11 hours to take this semester and I will be done. I was on F-1 until about 2-3 weeks ago. But before my status changed, I talked to the International Students Office at my school regarding the fact that I have completed all my requirements and only left with 11 hours. The only thing they told me to do to support my case was to get a letter from my department and adviser as a support and that was all.

Good Luck

[newacct]

Hi there!

I'm new here but have been visiting for some months now. I've looked around for an answer to this question but I'm not entirely sure how to phrase it in search queries so that it returns useful results.

I got married to a US Citizen April 29th 2017. We submitted forms I-130 and I-485 with I-131 and I-765 early July and received confirmation of receipt from USCIS July 10th (I guess that makes it our PD then).

I'm just a little unsure of what this means to my F1 student status. From what I can tell I'm still technically F1 student and need to maintain status. The only issue there is that my last semester starts in January and I will only need to take 7 credits to complete my degreen. As I understand, in situations like this, exception is made to the 12 credit threshold correct?

While I don't expect to have had any real progress with a green card by then, I do anticipate receiving my EAD within the next month or two. When I have an EAD do I need to maintain F1 status or does one typically have more flexability with that? I would think that having an EAD means you can live and work in the USA legally until it expires?

I'm just trying to figure out what I will and wont be able to do when January roles around. I'd like to take one of my classes online so that I can take a full-time internship but I'm uncertain if I'll be allowed to with the restrictions on how many credits must be taking on campus as an F1 student. I'm hoping that with an EAD I don't need to follow that rule.

You are still in F1 status as long as you don't violate the terms of F1 status (e.g. work outside school, stop going to school, etc.). No, you do not have to maintain status. You can remain in the US because you have a pending I-485 regardless of whether you have status or not. EAD is for employment authorization; it doesn't have anything to do with staying in the US; you can remain in the US regardless of whether you have an EAD or not because you have a pending I-485.