Help~You may have the same situation~

[ck371649104]

Hi every one~ I am so happy I fund this Web!

Here is my situation. I came to USA by F-1 VISA which is I-20.
Oct 10th Last year, My husband applied I-130 for me. It is still in process in CAC. It is not moving for a long time. The status of i-130 is "Received".
last month my husband applied I-485 for me. today I just got three letters for 485 765 and 131.

I have some questions. I hope somebody can help me.
1. i485 will be approve after 130 is approve, is that right?
2. Now, I am F-1 VISA, Do I need maintain the F1 visa?
3. C9 card can be renew, is that right?
4. If I go to other county for fun, how can I come back to USA? If I am holding AP, I can just give them my passport and AP? if they ask me about F1 VISA what I should say?
oh...one more thing, my husband has green card.

Thank you so much you spend time read this.
Have a nice day.

[ck371649104]

help

Please give me something......

[inadmissible]

In general, you only need to maintain your non-immigrant status until your properly filed I-485 is accepted by USCIS

Many people try to maintain their non-immigrant status longer than that just in case there are issues with their I-485

In your case, I'm not sure your I-485 was properly filed, because your priority date would not have been current. If, as you say, your USLPR spouse filed a I-130 for you in October 2016, an immigrant visa would be available to you until October 2018. In last months chart, it says F2A priority date to file is 01NOV16 https://www.uscis.gov/visabulletin-oct-17

[newacct]

In your case, I'm not sure your I-485 was properly filed, because your priority date would not have been current. If, as you say, your USLPR spouse filed a I-130 for you in October 2016, an immigrant visa would be available to you until October 2018. In last months chart, it says F2A priority date to file is 01NOV16 https://www.uscis.gov/visabulletin-oct-17

Not sure what you are saying. Their PD is before Nov 1, 2016 so the I-485 filed last month was properly filed.

[ck371649104]

thank you

In general, you only need to maintain your non-immigrant status until your properly filed I-485 is accepted by USCIS

Many people try to maintain their non-immigrant status longer than that just in case there are issues with their I-485

In your case, I'm not sure your I-485 was properly filed, because your priority date would not have been current. If, as you say, your USLPR spouse filed a I-130 for you in October 2016, an immigrant visa would be available to you until October 2018. In last months chart, it says F2A priority date to file is 01NOV16 https://www.uscis.gov/visabulletin-oct-17

I have another question. When the ead card is expired, can I renew it?

[ck371649104]

if

If I come back to USA with AP. When the officer ask me about F 1 visa what I should say？ I have to give them my passport so they can see the F 1 visa. But I don't want to use F1 to come back. And I decided to maintain my F1 visa just in case 485 spent long time. Once 765 ead card expired I may not have legal status in USA. Sorry for my grammar.😁😁

[newacct]

I have another question. When the ead card is expired, can I renew it?

You can renew it for free for as long as your I-485 is pending.

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If I come back to USA with AP. When the officer ask me about F 1 visa what I should say？ I have to give them my passport so they can see the F 1 visa. But I don't want to use F1 to come back. And I decided to maintain my F1 visa just in case 485 spent long time. Once 765 ead card expired I may not have legal status in USA. Sorry for my grammar.😁😁

You must come back on AP, and not F1 visa, or you will abandon your AOS. Since you are not entering on F1 visa, you will not be in F1 status. Since you are entering on AP, you will not have legal status; you will be a parolee. You do not need status to stay in the US as you have I-485 pending.

[ck371649104]

thank you

You can renew it for free for as long as your I-485 is pending.

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You must come back on AP, and not F1 visa, or you will abandon your AOS. Since you are not entering on F1 visa, you will not be in F1 status. Since you are entering on AP, you will not have legal status; you will be a parolee. You do not need status to stay in the US as you have I-485 pending.

Thank you so much. Very clear. The only thing I concern is once I use Ap to come back USA. I will lose the legal status. When I interview, I afraid of they will refuse the 485 because of illegal status. When I come to USA Whether they will ask me "You want use F1 or Ap"？

[scientist2016]

Thank you so much. Very clear. The only thing I concern is once I use Ap to come back USA. I will lose the legal status. When I interview, I afraid of they will refuse the 485 because of illegal status. When I come to USA Whether they will ask me "You want use F1 or Ap"？

No you misunderstood what was stated above. On AP you do not have a status (in the sense that you cannot file a COS for example) but that does not mean your I485 will be rejected. In fact the whole purpose of AP is to allow you to travel outside the US without worrying about visas or status to maintain. On re-entry, show the CBP officer your AP card and tell him/her that you would like to enter using AP and not your F1 visa.

[inadmissible]

Not sure what you are saying. Their PD is before Nov 1, 2016 so the I-485 filed last month was properly filed.

I am very sorry everyone, the dates obviously line up right. Ignore what I previously said